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THE 



PUBLIC SCHOOL LAW 



OF 



NORTH CAROLINA 



BEING A PART OF 



CHAPTER 89, REVISAL OF 1905, AS AMENDED BY THE 
GENERAL ASSEMBLY OF 1907, 1909, 1911 AND 1913 



TOGETHER WITH 



EXPLANATORY NOTES AND DECISIONS OF 

THE STATE SUPERINTENDENT OF 

PUBLIC INSTRUCTION 



BALEIQH 
ISSUED I'HOM OFFICE OF SUPBBINTBNDENT OF PUBLIC INSTBUOTION 

1913 



THE 



PUBLIC SCHOOL LAW 



OF 



NORTH CAROLINA 



BEING A PART OF 



CHAPTER 89, REVISAL 1905, AS AMENDED BY THE GENERAL 
ASSEMBLY OF 1907. 1909, 1911 AND 1913 



RALEIGH 

ISSUED FKOM OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 

1913 






D. OF D. 
AUG 12 1913 



TABLE OF CONTENTS 



Prefatory Note. 

Education in Oue Constitution. 

New School Legislation, 1913. 

Six-months School Term Law. 

Compulsory Attendance Law. 

Omnibus Bill and Explanations. 

Alliance Union Farm School Law. 

Child Labor Law. 

Guilford County Farm Life School Law. 

Women on School Boards. 
The Public School Law. 

I. Application of Chapter, Section 4029. 

II. The State Board of Education, Sections 4030-4035. 

III. Loans for Building Schoolhouses, Sections 4053-4056. 

IV. The School System and Course of Study, Sections 4085- 



V. The General Powers and Duties of the State Superin- 
tendent, Sections 4089-4092. 
VI. School Funds Provided by the State, Sections 4093-4106. 
VII. School Funds Provided by County and Local Taxation 

and Apportionment of Same, Sections 4107-4118. 
VIII. The Powers and Duties of the County Board of Educa- 
tion, Sections 4119-4134. 
IX. The Powers and Duties of the County Superintendent, 

Sections 4135-4144. 
X. The Powers and Duties of School Committee, Sections 
4145-4151. 
XI. The Treasurer of the School Fund, Sections 4152-4160. 
XII. Privileges and Duties of Teachers, Sections 4161-4167. 

XIII. Rural Libraries, Sections 4172-4179. 

XIV. Separate Schools for Indians of Robeson County, Sections 

4168-4171. 

Text-book Law, Sections 4057-4084. 

Public High School Law. 

Deaf Children Must Attend. 

Scientific Temperance Instruction. 

Health Law. 

County Farm-life Schools. 

Special County Taxation for Schools. 
Constructions of the Public School Law. 
Index to the Public School Law. 



PREFATORY NOTE 



This compilation of the Public School Laws of North Carolina 
is issued in this form, in accordance with section 4089 of The 
Revisal of 1905. 

The amendments made to the School Law by the General As- 
sembly of 1913 are printed in italics in the amended sections. 

This compilation also contains the legislation of 1907 relative 
to high schools, attendance of deaf children, and scientific temper- 
ance instruction; the amendments of 1909, the amendments and 
the new school legislation of 1911 relative to County Farm-life 
Schools and special county taxation for schools; and also the 
amendments (in italics) and the new school legislation of 1913. 
The notes, decisions and other matter, it is hoped, will be found 
convenient and useful. 

A careful reading of the law by all school officers and teachers 
will prevent many mistakes and much burdensome correspondence 
and delay. J. Y. Joyner, 

Superintendent of Public Instruction. 

Raleigh, March, 1913. 



EDUCATION IN OUR CONSTITUTION 



Article IX of the Constitution of North Carolina relates to edu- 
cation. It reads as follows: 

Section 1. Religion, morality and knowledge being necessary 
to good government and the happiness of mankind, schools and 
the means of education shall forever be encouraged. 

Sec. 2. The General Assembly, at its first session under this 
Constitution, shall provide by taxation and otherwise for a general 
and uniform system of public schools, wherein tuition shall be 
free of charge to all the children of the State between the ages of 
six and twenty-one years. And the children of the white race and 
the children of the colored race shall be taught in separate public 
schools; but there shall be no discrimination in favor of or to the 
prejudice of either race. 

Sec. 3. Each county of the State shall be divided into a conven- 
ient number of districts, in which one or more public schools shall 
be maintained at least four months in every year; and if the com- 
missioners of any county shall fail to comply with the aforesaid 
requirements of this section they shall be liable to indictment. 

Sec. 4. The proceeds of all lands that have been or hereafter 
may be granted by the United States to this State and not other- 
wise appropriated by this State or the United States, also all 
money, stocks, bonds and other property now belonging to any 
State fund for purposes of education, also the net proceeds of all 
sales of the swamp lands belonging to the State, and all other 
grants, gifts or devises that have been or hereafter may be made 
to the State and not otherwise appropriated by the State or by the 
terms of the grant, gift or devise, shall be paid into the State 
Treasury, and, together with so much of the ordinary revenue of 
the State as may be by law set apart for that purpose, shall be 
faithfully appropriated for establishing and maintaining in this 
State a system of free public schools, and for no other uses or pur- 
poses whatsoever. 

Sec. 5. All moneys, stocks, bonds, and other property belonging 
to a county school fund, also the net proceeds from the sale of 
estrays, also the clear proceeds of all penalties and forfeitures and 
of all fines collected in the several counties for any breach of the 
penal or military laws of the State, and all moneys which shall 
be paid by persons as an equivalent for xemption from military 
duty shall belong to and remain in the several counties and shall 
be faithfully appropriated for establishing and maintaining free 
public schools in the several counties in this State: Provided, 
that the amount collected in each county shall be annually re- 
ported to the Superintendent of Public Instruction. 

Sec. 6. The General Assembly shall have power to provide for 



6 

the election of trustees of the University of North Carolina, in 
whom, when chosen, shall be vested all the privileges, rights, fran- 
chises and endowments thereof in any wise granted to or con- 
ferred upon the trustees of said University; and the General As- 
sembly may make such provisions, laws and regulations from time 
to time as may be necessary and expedient for the maintenance 
and management of said University. 

Sec. 7. The General Assembly shall provide that the benefits of 
the University, as far as practicable, be extended to the youth of 
the State free of expense for tuition; also that all the property 
which has heretofore accrued to the State or shall hereafter accrue 
from escheats, unclaimed dividends or distributive shares of the 
estates of deceased persons shall be appropriated to the use of the 
University. 

Sec. 8. The Governor, Lieutenant-Governor, Secretary of State, 
Treasurer, Auditor, Superintendent of Public Instruction, and 
Attorney-General shall constitute a State Board of Education. 

Sec. 9. The Governor shall be president and the Superintendent 
of Public Instruction shall be secretary of the Board of Education. 

Sec. 10. The Board of Education shall succeed to all the powers 
and trusts of the president and directors of the literary fund of 
North Carolina, and shall have full power to legislate and make 
all needful rules and regulations in relation to free public schools 
and the educational fund of the State; but all acts, rules and 
regulations of said board may be altered, amended or repealed by 
the General Assembly, and when so altered, amended or repealed 
they shall not be reenacted by the board. 

Sec. 11. The first session of the Board of Education shall be 
held at the capital of the State within fifteen days after the 
organization of the State Government under this Constitution; the 
time of future meetings may be determined by the board. 

Sec. 12. A majority of the board shall constitute a quorum for 
the transaction of business. 

Sec. 13. The contingent expenses of the board shall be provided 
by the General Assembly. 

Sec. 14. As soon as practicable after the adoption of this Con- 
stitution the General Assembly shall establish and maintain in 
connection with the University a department of agriculture, of 
mechanics, of mining and of normal instruction. 

Sec. 15. The General Assembly is hereby empowered to enact 
that every child of sufficient mental and physical ability shall 
attend the public schools during the period between the ages of 
six and eighteen years for a term of not less than sixteen months, 
unless educated by other means. 



Section 27: The people have the right to the privilege of edu- 
cation, and it is the duty of the State to guard and maintain that 
right. — Bill of Rights, North Carolina Constitution. 



EDUCATIONAL QUALIFICATION FOR SUFFRAGE. 

Article VI, section 4, of the Constitution of North Carolina con- 
tains the following: 

Every person presenting himself for registration shall be able 
to read and write any section of the Constitution in the English 
language; and before he shall be entitled to vote he shall have 
paid, on or before the first day of May of the year in which he 
proposes to vote, his poll tax for the previous year, as prescribed 
by Article V, section 1, of the Constitution. But no male person 
who was on January 1, 1867, or at any time prior thereto, entitled 
to vote under the laws of any State in the United States wherein 
he then resided, and no lineal descendant of any such person, shall 
be denied the right to register and vote at any election in this 
State by reason of his failure to possess the educational qualifica- 
tions herein prescribed: Provided, he shall have registered in 
accordance with the terms of this section prior to December 1, 
1908. 



NEW SCHOOL LEGISLATION, 1913 



SIX MONTHS SCHOOL LAW 



AN ACT TO PROVIDE FOR A SIX MONTHS SCHOOL TERM 
IN EVERY PUBLIC SCHOOL DISTRICT OF THE STATE. 

The General Assembly of North Carolina do enact: 

PER CAPITA STATE APPROPRIATION OF TWO HUNDRED AND 
FIFTY THOUSAND DOLLARS. 

Section 1. That two hundred and fifty thousand dollars be, and 
the same is, hereby appropriated annually out of the state treas- 
ury for the benefit of the public schools, to be apportioned by the 
State Board of Education to the respective counties of the State 
per capita as to school population on the first Monday in January 
of each year, using the school census of the preceding scholastic 
year as the basis of apportionment: Provided, that the State 
Board of Education shall annually deduct from said appropriation, 
before the apportionment thereof, the sum of one thousand five 
hundred dollars to be used in part payment of the salary and 
expenses of the Superintendent of the State Colored Normal 
Schools and inspector and director of the county teachers' insti- 
tutes and of the teacher-training work of the State, and shall also 
deduct therefrom biennially in advance seven thousand five hun- 
dred dollars to be used for the establishment of rural libraries 
as provided in section four thousand one hundred and seventy- 
nine of The Revisal of one thousand nine hundred and five of 
North Carolina. 

WARRANTS, HOW ISSUED. 

Sec. 2. Upon requisition of the Superintendent of Public In- 
struction, the State Auditor shall issue his warrant upon the State 
Treasurer for the amount due each county, payable to the county 
treasurer, to be credited to the general public school fund of said 
county. 

STATE EQUALIZING SCHOOL FUND CREATED. 

Sec 3. There shall be set aside annually five cents of the annual 
ad valorem tax levied and collected for State purposes on every 
one hundred dollars value of real and personal property in this 
State, and the funds annually arising from said tax shall be held 
by the State Treasurer as a fund separate and apart from all other 
funds for State purposes, and shall be known as "The State 
Equalizing School Fund," and shall be used, as hereinafter di- 
rected, to provide a six months school term in every school dis- 
trict in the State, or as nearly a six months term as said funds 
will provide. 



9 



APPROPRIATION OF EQUALIZING FTTNI) METHOD AND CONDITIONS. 

Sec. 4. On or before the first Monday in December of each and 
every year the county board of education of each and every county 
entitled to aid from this fund shall submit to the State Board of 
Education, on blanks furnished for that purpose by the State 
Superintendent of Public Instruction, a sworn itemized statement 
by districts, showing the number of teachers employed in each 
district, the grade or class and the salary of each teacher, and 
such other information as may be required. Said statement shall 
further show under oath that provision has been made as re- 
quired by law for a four months school term in each district of 
said county, the rate of special tax levied therefor and the aggre- 
gate fund derived or to be derived therefrom. On or before the 
first Monday in February of each year the State Treasurer shall 
certify to the State Board of Education the amount of said state 
equalizing school fund derived and to be derived from said five 
cents property tax levied and set aside from the State tax levy 
on every one hundred dollars value of real and personal property 
in the State during the school year ending June thirtieth there- 
after, and the State Board of Education shall apportion said fund 
among all the counties of the State that have complied with all 
the requirements of the law for providing a school term of four 
months in every school district, so as to equalize the school terms 
in said counties and bring the term in each legal school district 
in each of said counties to an equal length, bringing all terms in 
all districts to a minimum of six months, or as near thereto as the 
funds provided for this purpose render possible. The State Board 
of Education, however, shall apportion this fund only for the 
salaries of the teachers employed, and no part of said fund shall 
be apportioned or used for any other purpose than for the payment 
of the salaries of the said teachers for the period designated by 
the State Board of Education in the apportionment to each county. 
The salaries apportioned from said fund for teachers shall not 
exceed forty dollars per month for first grade, thirty dollars per 
month for second grade, and twenty dollars per month for third 
grade. Any balance of said fund that may remain after equalizing 
terms to six months as herein provided shall be apportioned 
among all the counties of the State per capita as to school popu- 
lation. 

IN APPROPRIATION OF EQUALIZING FUND, NO ACCOUNT TO BE TAKEN OF 
LOCAL TAX JFUNDS. 

Sec. 5. In the apportionment of the county school fund and in 
the apportionment of funds under this act to school districts levy- 
ing a special tax for their schools no account shall be taken of the 
funds derived from said special tax, and the authorities legally 
empowered to levy such special tax in such school districts are 
hereby authorized, upon recommendation of the school committee 
or board of trustees of said school districts, to reduce the rate 



10 

of the annual special tax levy therein proportionately to the in- 
crease of the funds of said district from the increased apportion- 
ment from the county and state funds and to the needs of the 
district: Provided, however, that the school term in said district 
shall not be reduced by said decrease in the special tax more than 
it is lengthened by the increased appropriation from the county 
and state funds. 

COUNTIES THAT DO NOT HAVE FOUR MONTHS TERM AFTER LEVYING 
MAXIMUM RATE, ENTITLED TO RECEIVE AID FROM THIS FUND. 

Sec. 6. After any county shall have levied and collected a 
special tax of fifteen cents on every one hundred dollars value of 
property, real and personal, and forty-five cents on every taxable 
poll therein, to provide a four months school term in every school 
district, though the funds derived therefrom may be insuificient 
therefor, said county shall be entitled to receive from the State 
equalizing school fund provided under this act an apportionment 
for salaries of teachers for the same increased period beyond the 
end of its school term as it would if it had provided a full four 
months term in every district. 

FUNDS CAN BE USED ONLY FOR TEACHERS' SALARIES. 

Sec. 7. Upon requisition by the State Superintendent of Public 
Instruction, the State Auditor shall issue his warrant upon the 
State Treasurer payable to the county treasurer for the appor- 
tionment made under section four of this act to each county, and 
the funds when received by said County Treasurer shall be placed 
to the credit of the county school fund of said county, to be used 
only for the specific purpose designated in this act; and the 
county treasurer is forbidden to pay any part thereof for any 
other purpose; the county board of education is forbidden to 
order the payment of any part thereof for any other purpose, and 
the county superintendent of public instruction is forbidden to 
sign any voucher for the payment of any part thereof for any 
other purpose than for the payment of teachers' salaries as and 
for the period designated. No district in any county shall be 
entitled to any part of said apportionment for the payment of 
the salary of its teachers until the committee thereof or the town- 
ship committee shall have furnished to the county superintendent 
satisfactory evidence, sworn to if required, that the necessary 
funds have been provided for paying the incidental expenses of the 
school or schools in said district for the additional term for which 
teachers' salaries have been provided in caid apportionment. Any 
county treasurer, county superintendent, or member of any county 
board of education violating any of the provisions of this section 
shall be guilty of a misdemeanor, and shall be fined or imprisoned 
in the discretion of the court. 



11 



FUNDS SUFFICIENT TO MAINTAIN SCHOOLS FOUR MONTHS MUST BE 
PROVIDED BY COUNTY SPECIAL TAX. 

Sec. 8. Chapter five hundred and eight of the Public Laws of 
one thousand nine hundred and nine of North Carolina is hereby 
repealed, and the following is hereby substituted and enacted in 
lieu thereof: On or before the first Monday in June of each and 
every year the county board of education of each county shall 
ascertain the amount of money needed to maintain the public 
schools of such county for four months during the succeeding 
school year. The county board of education, using as a basis the 
receipts for school purposes during the current school year ending 
June thirtieth thereafter, shall ascertain the amount that will be 
available for school purposes from the general school tax, from 
fines, forfeitures, and penalties, and from the annual per capita 
appropriation to the county from the special state appropriation 
for public schools under this act. If the amount received and 
to be received from these sources is less than the amount ascer- 
tained to be needed for a full four months school term in every 
public school district of the county, said county board of educa- 
tion shall submit to the board of county commissioners of said 
county an itemized statement of the amounts needed for super- 
vision, for administration, for buildings and repairs, for salaries 
of teachers, and for all other expenses allowed by law. The state- 
ment shall also set forth the number of teachers, white and col- 
ored, to be employed in each district, and the salary of each 
teacher in each district. The limitation placed by law on each 
of these objects shall not be exceeded. It shall thereupon be the 
duty of the board of county commissioners to levy a special tax 
on all property, real and personal, and on all taxable polls, sub- 
ject to the constitutional limitation as to poll tax, in said county 
sufficient to supply the deficiency needed for the support and main- 
tenance of the public schools of said county for four months in 
each school district: Provided, that no county shall be com- 
pelled to levy a special tax of more than fifteen cents on every 
hundred dollars value of property, real and personal, and forty- 
five cents on every taxable poll for said purpose. The said tax 
shall be levied and collected at the same time and in the same 
manner as other county taxes are levied and collected, and the 
funds derived therefrom shall be apportioned and expended by 
the county board of education for maintaining one or more public 
schools in each school district for a term of four months in each 
year. In the event of a disagreement between the county board 
of education and the board of county commissioners as to the 
amount of the deficiency to be supplied for a four months school, 
and as to the rate of tax to be levied therefor, or of the refusal 
of any board of county commissioners to levy said tax, the county 
beard of education shall bring an action in the nature of man- 
damus against the board of county commissioners to compel the 
levying of such special tax in the manner and form as provided 



12 

in sections eight hundred and twenty-two and eight hundred and 
twenty-four of The Revisal of one thousand nine hundred and 
five of North Carolina, and it shall be the duty of the judge hear- 
ing the same to find the facts as to the amount needed and the 
amount available from the sources herein specified, v/hich finding 
shall be conclusive, and to give judgment requiring the county 
commissioners to levy the sum which he shall find necessary to 
maintain the schools for four months in said county. No county 
shall receive any part of the State equalizing school fund pro- 
vided by this act until it shall have levied the special tax herein 
required of it for a four months school term in every school 
district. 

COMMISSIONERS MAY LEVY ADDITIONAL TAX FOR NECESSARY EXPENSES. 

Sec. 9. That the board of commissioners of any county in 
North Carolina be, and they are hereby authorized and empowered 
to levy a special tax in excess of the constitutional limitation, 
not exceeding five (5) cents on the one hundred dollars ($100.00) 
valuation of all property listed for taxation in their respective 
counties, to provide for any deficiency in the necessary expenses 
and revenue of said respective counties, which may be caused by 
the provisions of this act. 

conflicting LAWS REPEALED. 

Sec. 10. That section four thousand and ninety-seven of The 
Revisal of one thousand nine hundred and five of North Carolina, 
as amended by chapter seven hundred and seventy-nine of the 
Public Laws of one thousand nine hundred and nine of North 
Carolina, be and the same is hereby repealed, and all laws and 
clauses of laws in conflict with this act are hereby repealed. 

Sec. 11. That this act shall be in force from and after its ratifi- 
cation. 

In the General Assembly read three times and ratified this the 
1st day of March, 1913. 



13 



COMPULSORY ATTENDANCE 



AN ACT TO MAKE SCHOOL ATTENDANCE COMPULSORY. 

The General Assembly of North Carolina do enact: 
ALL CHILDREN REQUIRED TO ATTEND SCHOOL, AGE 8 
TO 12, TERM FOUR MONTHS. 
Section 1. That from and after the first day of July, one thou- 
sand nine hundred and thirteen, every parent, guardian, or other 
person in the State of North Carolina having charge or control 
of a child or children between the ages of eight and twelve years, 
shall cause such child or children to attend the local public school 
in the district, town or city in which he resides, continuously 
for four months of the school term of each year, except as herein- 
after provided. This period of compulsory attendance shall com- 
mence at the beginning of the compulsory period of the school 
term nearest to the eighth birthday of such child or children, and 
shall cover the compulsory period of four consecutive school years 
thereafter. This period of compulsory attendance for each public 
school shall commence at the beginning of the school term of said 
school unless otherwise ordered by the county board of education 
or, in case of towns or cities of two thousand or more inhabitants, 
by the board of trustees of the public schools of said towns or 
cities. Continuous attendance upon some other public school or 
upon any private or church school taught by competent teachers 
may be accepted in lieu of attendance upon the local public 
schools: Provided, that said period of continuous attendance 
upon such other school shall be for at least four months of each 
year: Provided, further, that any private or church school re- 
ceiving for instruction pupils between the ages of eight and 
twelve years shall be required to keep such records of attendance 
of said children and to render such reports of same as are here- 
inafter required of public schools. And attendance upon such 
schools refusing or neglecting to keep such records and to render 
such reports shall not be accepted in lieu of attendance upon the 
local public school of the district, town or city which the child 
shall be entitled to attend: Provided, the period of compulsory 
attendance shall be in force and apply between the ages of eight 
and fifteen years in Mitchell County. 

EXEMPTIONS. 

Sec. 2. This act shall not apply in any case in which the child's 
physical or mental condition, as attested by any legally qualified 
physician before any court having jurisdiction under this act, 
renders his attendance impracticable or inexpedient; or in any 
case in which the child resides two and one-half miles or more 
by the nearest traveled route from the schoolhouse; or in any 
case in which, because of extreme poverty the services of such 



14 

child are necessary for his own support or the support of his 
. parents, as attested by the afl&davit of said parents and of such 
witnesses as the attendance officer may require; or in any case 
in which said parent, guardian or other person having charge 
or control of the child shall show before any magistrate by affi- 
davit of himself and of such witnesses as the attendance officer 
may require, that the child is without necessary books and cloth- 
ing for attending school, and that he is unable to provide the 
necessary books and clothes: Provided, that when books and 
clothing shall have been provided, through charity or by other 
means, the child shall no longer be exempt from attendance under 
this provision. 

PARENTS SHALL CAUSE CHILDREN TO ATTEND SCHOOL. 

Sec. 3. Every parent, guardian, or other person in the State 
of North Carolina having charge or control of a child or children 
between the ages of eight and twelve years shall cause said child 
to attend school as aforesaid: Provided, that occasional absence 
from such attendance by such child amounting to not more than 
two unexcused absences in four consecutive weeks shall not be 
unlawful: Provided, 'further, that the superintendent, principal 
or teacher in charge of any school may excuse any child for a 
temporary absence because of unusual storm or bad weather, 
sickness or death in the child's family, unforseen or unavoidable 
accidents, and such excuse and reason therefor shall be recorded 
by said superintendent, principal, or teacher in charge of school 
and reported to the attendance officer as hereinafter provided: 
Provided, further, that in case of protracted illness of any child 
whose attendance is required under this act, or in case of quaran- 
tine of the home in which the child resides, upon report of the 
health officer or upon satisfactory evidence to this effect, the at- 
tendance officer shall excuse from attendance such child until he 
is fully restored to health or until the time required by law that 
he shall stay out of school after quarantine has been raised. 

PENALTY FOR VIOLATION OF LAW. 

Sec 4. Any parent, guardian or other person violating the pro- 
visions of this act shall be guilty of a misdemeanor, and upon 
conviction shall be liable to a fine of not less than five dollars 
nor more than twenty-five dollars, and upon failure or refusal to 
pay such fine said parent, guardian, or other person shall be im- 
prisoned not to exceed thirty days in the county jail: Provided, 
that the fine for any first offense may, upon the payment of costs, 
be suspended and not collected until the same party is convicted 
of a second offense: Provided, further, that after the expiration 
of three days from the service of the notice by the attendance 
officer each and every day a parent, guardian, or other person 
shall willfully and unlawfully keep such child or children from 



19 



school, or allow liini to remain out of school, shall constitute a 
separate offense and shall subject said person to penalties herein 
prescribed. 

ATTENDANCE OFFICERS, DUTIES, COMPENSATION, ETC. 

Sec. 5. The county board of education in each county shall ap- 
point and remove at will an attendance officer for each township 
to enforce the provisions of this act who shall serve also as taker 
of the school census, performing all the duties heretofore re- 
quired of the school committee as to the census under section 
four thousand one hundred and forty-eight of The Revisal of one 
thousand nine hundred and five of North Carolina, and as keeper 
of the attendance records, for which service he shall be allowed 
three cents per child of school age each school year. It shall be 
his duty to take an annual census and to furnish each superin- 
tendent, principal, or teacher in charge of school with an accurate 
school census of the district at the opening of the school each 
year, and also to furnish a copy of the school census of each dis- 
trict to the county superintendent of public instruction. The at- 
tendance officer shall serve written or printed, or partly written 
and partly printed notices upon every parent, guardian, or other 
person violating the provisions of this act, and prompt compliance 
on the part of such parent, guardian, or other person shall be 
required. For serving such notice the attendance officer shall be 
allowed a fee of twenty-five cents in case of conviction, same to 
be taxed in bill of costs; and if any parent, guardian, or other 
person upon whom such notice is served fails to comply with the 
law within three days, then it shall be the duty of said attendance 
officer to prosecute such person. Prosecution under this act shall 
be brought in the name of the State of North Carolina before any 
justice of the peace, or police justice, or recorder of any county, 
town or township in which the person prosecuted resides. The 
attendance officer shall have the right to visit and enter any 
office or factory or business house employing children, for the 
purpose of enforcing the provisions of this act; when doubt exists 
as to the age of a child, he may require a properly attested birth 
certificate or affidavit stating such child's age; he shall keep an 
accurate record of all notices served, all cases prosecuted, and 
all other services performed, and shall make an annual report of 
same to the county board of education. In the discretion of the 
county board of education, the attendance officer may be allowed 
reasonable additional compensation from the county school fund 
for such services as are reuired of him under this act, compen- 
sation for which is not specifically provided for herein: Provided, 
that in case the county board of education shall appoint a school 
committeeman or township constable as attendance officer, the 
duties of such officer herein prescribed are hereby declared to be 
a part of his duties ex officio: Provided, further, that the school 
committee or board of trustees of any school in any town or city 



16 

of five thousand or more inhabitants, operating its schools under 
special character, is hereby authorized and empowered, if in their 
judgment such action is wise, to appoint an attendance officer for 
the schools under their direction, fix his compensation, and pay 
the same out of the special tax school funds of said town or city, 
and assign to him other duties in addition to those enumerated 
above. 

TEACHERS MUST CO-OPERATE, PENALTY FOR NON-COMPLIANCE. 

Sec. 6. It shall be the duty of all principals and teachers to 
cooperate with the attendance ofiicers in the enforcement of this 
law. To this end it shall be the duty of the principal or teacher 
in charge in every school, in which pupils between the ages of 
eight and twelve years are instructed, to keep an accurate record 
of the attendance of such pupils; to render during the period of 
compulsory attendance of each school term weekly reports of 
same to the attendance olficer and the county superintendent of 
public instruction, showing all absences, excused and unexcused, 
and, in the case of an excused absence, to state the reason for 
which the pupil was excused. Upon the willful or negligent fail- 
ure of any principal or teacher in charge of any school to comply 
with the provisions of this section, the county superintendent 
shall deduct from his or her salary for the current month the 
sum of five dollars before approving the voucher therefor. 

LAW TO BE GIVEN WIDEST POSSIBLE CIRCULATION. 

Sec 7. It shall be the duty of the county board of education 
of each county to cause this act to be published in full in some 
newspaper published in the county, if there is one, and if there 
be none, then in circular form, and given the widest possible 
circulation at least four weeks prior to the opening of the schools 
for the school year, beginning July first, one thousand nine hun- 
dred and thirteen, and annually thereafter, if in their discretion 
it seems necessary. 

EXISTING LOCAL OR SPECIAL LAWS NOT AFFECTED OR REPEALED BY 
THIS ACT. 

Sec. 8. This act shall not affect or in any part repeal any ex- 
isting special or local laws requiring compulsory attendance in 
any county or school district: Provided, the provisions of this 
act shall apply to Mitchell County. 

APPLIES TO POLK COUNTY. 

Sec 9. This bill shall apply to all children in Polk County be- 
tween the ages of seven and fifteen years. 

Sec 10. Chapter eight hundred and ninety-four of the Public 
Local Laws of one thousand nine hundred and seven of North 



17 

Carolina, as amended by chapter five hundred and twenty-five of 
the Public Laws of one thousand nine hundred and nine of North 
Carolina is hereby repealed. 

BOARD GIVEN POWER TO MAKE RULES AND REGULATIONS TO SECURE 
ATTENDANCE. 

Sec. 11. The board of education of each county shall have 
power at their regular meeting held in July of each year, and 
thereafter at any regular meeting, to make such rules and regu- 
lations as they may deem best to secure the attendance of all 
children between the ages of eight and twelve years upon schools 
of the county, and such rules and regulations, when approved by 
the county superintendent of public instruction, and posted at the 
courthouse door and at the door of each public schoolhouse in the 
county, shall supercede any provision of this act in conflict there- 
with.* 

Sec. 12. This act shall be in full force and effect from and 
after its ratification. 

In the General Assembly read three times and ratified this the 
12th day of March, 1913. 



AN ACT TO AMEND CERTAIN SECTIONS OF CHAPTERS 81 
AND 89 OP THE REVISAL OF 1905 OP NORTH CAROLINA, 
AND CERTAIN CHAPTERS OF THE PUBLIC LAWS OF 
1907, 1908, AND 1911 OF NORTH CAROLINA, BEING PARTS 
OF THE PUBLIC SCHOOL LAW. 

The General Assembly of 'North Carolina do enact: 

Section 1. That chapter eighty-nine of The Revisal of one 
thousand nine hundred and five be and the same is hereby 
amended as follows: 

(a) Strike out section four thousand one hundred and sixteen 
and insert in lieu thereof the following: 

"4116. Apportionment of school funds; reservation of contin- 
gent fund. — The county board of education shall, on the first 
Monday in January and the first Monday in July of each year, 
apportion the school fund of the county to the various school 
districts; but it shall, before apportioning the school fund reserve 



* As will be seen from the State Superintendent's construction of this law, con- 
curred in by the Attorney General, section 11 is an enabling instead of a disabling, 
section, allowing the county board of education discretion in the modification of the 
machinery of the act by the adoption of rules and regulations for its enforcement, 
adapted to the different conditions in different counties, but conferring no power 
upon the board to revoke or annul the general and fundamental provisions of the 
law and its clearly stated purpose of compelling the attendance of all children be- 
tween the ages of eight and twelve years. 

It is mandatory upon the county board of education to enforce these fundamen- 
tal provisions and " to secure the attendance of all children between the ages of eight 
and twelve years upon the schools of the county." Read carefully the State Superin- 
tendent's official construction of this law on pages 115 et seq. of this pamphlet. 



18 

as a contingent fund an amount sufficient to pay the salary of 
the county superintendent and per diem and expense of the county 
board of education; and may further reserve as a fund for building 
and repairing schoolhouses and for equipment, in counties with a 
total school fund of five thousand dollars or less, not more than 
twenty per centum thereof; in counties with a total school fund of 
over five thousand dollars and not more than ten thousand dollars, 
not more than sixteen per centum thereof; in counties with a 
total school fund of over ten thousand dollars and not more than 
twenty-five thousand dollars, not more than ten per centum there- 
of; in counties with a total school fund of over twenty-five thou- 
sand dollars, not more than seven and a half per centum thereof, 
to be used as directed in. section four thousand one hundred and 
twenty-four. It shall be the duty of the county board of educa- 
tion to distribute and apportion the school money so as to give to 
each school in the county for each race the same length of school 
term, as nearly as may be, each year. In making the apportion- 
ment the board shall have proper regard for the grade of work to 
be done and the qualifications of the teachers required in each 
school for each race. As soon as the apportionments are made, 
it shall be the duty of the board to notify the school committee- 
men and the treasurer of the county school fund of the amount 
apportioned to each school, designating each school by number, 
and stating whether for white, colored or Indian, and naming 
the township and county. Funds unused by any district during 
any year shall, if still unused at the January meeting subsequent 
to the close of the school year, be returned to the general school 
fund for reapportionment, unless such district shall have been 
prevented from using such funds during that year by providential 
or other unavoidable causes. 

"Provided, that in the discretion of the county board of educa- 
tion it may also reserve sufficient funds, after first providing for a 
six months school term in every school district, to pay a part of 
the cost, not to exceed one-half, necessary to employ a capable 
physician for his entire time as county health officer whose elec- 
tion meets with the approval of said board and whose duties 
shall be specified by the county board of health to embrace those 
provided for in that part of section eleven, chapter sixty-two, of 
the public health laws of one thousand nine hundred and eleven, 
relating to the medical inspection of schools and school children; 
and he shall lecture to the teachers in their meetings and supply 
them with printed instructions regarding measures for the proper 
care of the body, the recognition and prevention of disease, the 
recognition, prevention and correction of physical defects, etc.; 
and he shall keep an accurate daily record of the work he does 
under the provisions of this act and make weekly, monthly or 
quarterly reports giving such information as may be called for 
by blanks to be furnished by and returned to both the county 



19 



board of education and the State Superintendent of Public In- 
struction; and if the county health officer should neglect for a 
period of ninety days to carry out the spirit of this act, unless 
his entire time should be required to fight an epidemic of some 
contagious or infectious disease, the county board of education 
may in its discretion withdraw its financial aid in his employ- 
ment." 

(b) Strike out section four thousand one hundred and thirty- 
one and insert in lieu thereof the following: 

"The county board of education or the board of trustees of any 
incorporated or chartered graded school district may receive 
suitable sites for schoolhouses or school buildings by donation 
or purchase. In case of purchase the county board of education, 
or any board of trustees aforesaid, shall issue an order on its 
treasurer for the purchase money, and upon payment of the order 
the title to the site shall vest in the corporation in fee simple. 
Whenever the boards above mentioned are unable to obtain a 
suitable site for a school or school building, by gift or purchase, 
such board shall report to the county superintendent of public 
instruction, who shall, upon five days notice to the owner or 
owners of the land, apply to the clerk of the superior court of the 
county in which the land is situated for the appointment of 
three appraisers, who shall lay off by metes and bounds not more 
than two acres and assess the value thereof. The same means 
may be used to obtain more land in a district where there is a 
house or a site previously obtained, but not more than three acres 
shall be procured, including the site already obtained. They 
shall make a written report of their proceedings, to be signed by 
them, or by a majority of them, to the clerk within five days from 
their appointment, who shall enter the same upon records of the 
court. The appraisers and officers shall serve without compen- 
sation. If the report is confirmed by the clerk, the chairman 
and the secretary of the board shall issue an order on the treas- 
urer of the county school fund, or, if a graded school district, 
upon the treasurer of the graded school district, in favor of the 
owner of the land thus laid off, and upon the payment or offer 
of payment of this order the title to such land shall vest in fee 
simple in the corporation. Any person aggrieved by the action 
of the appraisers may appeal to the Superior Court in term, upon 
giving bond to secure the board against such costs as may be 
incurred on account of the appeal not being prosecuted with 
effect." 

(c) Amend subsection (h) of section one of chapter one hun- 
dred and thirty-five of the Public Laws of nineteen hundred and 
eleven of North Carolina, amending section four thousand one 
hundred and thirty-three of The Revisal of nineteen hundred and 
five, as follows: 

After the word "therein," in line six of said subsection (h), and 



20 



before the word "and," insert the words "or in the printed annual 
school report of said county." 

(d) At the end of secti.on four thousand one hundred and 
thirty-five as amended add the following: 

''Provided, that any county whose total school fund does not 
exceed fifteen thousand dollars may unite with any adjoining 
county and by agreement between the county boards of education 
of the two counties, meeting in joint session, may employ a 
county superintendent who shall devote his entire time to super- 
vising impartially the educational work of the counties thus em- 
ploying him. The agreement between the two county boards thus 
jointly employing one county superintendent, as to the appor- 
tionment of his salary and expenses, the division of his time, and 
all other essential details, shall be recorded in full in the minutes 
of the board of education of each county." 

(e) After the word "July" in line three of section four thou- 
sand one hundred and forty-five, strike out all words up to and 
including the word "qualified," in line nine, and insert in lieu 
thereof the following: "One thousand nine hundred and thirteen, 
appoint in each of the townships of the county three intelligent 
men of good business qualifications who are known to be in favor 
of public education, who shall serve as follows: One for three 
years, one for two years, and one for one year from the date of 
their appointment as school committeemen in their respective 
townships and until their successors are elected and qualified. 
On the first Monday in July of each succeeding year, the board 
of education shall apoint one member of the school committee 
in place of the member whose term of office has just expired, and 
who shall continue in office for a period of three years and until 
his successor is duly appointed and qualified." In line twenty 
of said section, after the word "committee" strike out the sen- 
tence commencing with the word "The" and ending with the word 
"qualified," in line twenty-seven, and insert in lieu thereof the 
following: 

"The county board of education in each county may if it deems 
best on the first Monday in July, one thousand nine hundred and 
thirteen, instead of electing township committeemen, elect for 
each school of the several townships three school committeemen 
of intelligence and good business qualifications who are known 
to be in favor of public education, who shall serve as follows: 
One for three years, one for two years, and one for one year from 
the date of their appointment as committeemen and until their 
successors are appointed and qualified. And the board of educa- 
tion shall, on the first Monday of July of each succeeding year, 
appoint one member of the school committee in place of the mem- 
ber whose term of office has just expired, and who shall continue 
in oflace for a term of three years and until his successor is duly 
appointed and qualified." 



21 

(f) strike out the sentence beginning with the word "The," 
in line seven of section four thousand one hundred and sixty-one, 
and ending with the word "committee," in line eleven, and insert 
in lieu thereof the following: "The county board of education of 
each county shall fix annually a day and place in each township 
for the meeting of the township or district committeemen of said 
township, who shall, in conference with the county superintend- 
ent, with whom application must have previously been filed by all 
applicants, select the teachers for their respective schools, except 
for rural public high schools: Provided, that no election of any 
teacher or of any assistant teacher shall be deemed valid until 
such election has been approved by the county superintendent." 

(g) In line five of section four thousand and fifty-three, after 
the word "schoolhouse" and before the word "in," insert the fol- 
lowing words: "Or dormitories for rural high schools and county 
farm life schools." 

(h) Insert the words "justices of the peace" in line three of 
section four thousand one hundred and eight after the word 
"courts" and before the word "and" in said line; after the word 
"accrued," at end of said section, add the words, "this information 
to be furnished on blanks prepared by the State Department of 
Public Instruction." 

(i) After the word "of" and before the word "county," in line 
two of section four thousand one hundred and fifty-eight, strike 
out the word "the" and insert in lieu thereof the word "any"; 
and after the word "county" and before the word "school," in 
said line, insert the words "town or city." 

(j) At the end of section four thousand one hundred and sixty- 
four add the following: "The county board of education of each 
and every county is hereby authorized and directed to provide 
for the prompt payment of all teachers' salaries due at the end 
of each school month." 

(k) After the word "board" and before the word "but," in line 
eleven of section four thousand one hundred and nineteen, insert 
the words "until the next General Assembly meets and acts": 
Provided, that this act shall not apply to vacancies heretofore 
filled under this section. 

(1) After the word "attendance," in line five of section four 
thousand one hundred and sixty-four and before the word "the" 
in said line, insert the following words, "the number of pupils 
completing the elementary grades." 

(m) After the word "term" in line five and before the word 
"no" in said line, in section four thousand one hundred and sixty- 
three, insert the following words, "no assistant teacher shall be 
employed in any one-teacher school until the average daily at- 
tendance shall have reached at least forty pupils, and in case the 
reports of any teacher shall for four consecutive weeks show an 



22 

average daily attendance of less than forty pupils the assistant 
teacher may be dismissed." 

Sec. 2. That section three thousand eight hundred and thirty- 
nine of chapter eighty-one of The Revisal of one thousand nine 
hundred and five be and the same is hereby amended as follows: 
After the word "county" at the end of line one and before the 
word "school" in line two thereof, insert the words "town or city." 

Sec. 3. That chapter eight hundred and twenty of the Public 
Laws of one thousand nine hundred and seven, the same being 
entitled "An act to stimulate high school instruction in the public 
schools of the State and teacher training," be and the same is 
hereby amended as follows: 

(a) At the end of line three in section one strike out the word 
"five" and insert in lieu thereof the word "seven." 

(b) After the word "duties" at the end of section two add the 
following words: "Provided, further, that the board of trustees or 
school committee of any chartered school receiving aid under 
section six of this act shall serve as the high school committee 
for said school." 

(c) Strike out all the words after the word "provided" in line 
six of section four down through the word "education" in line 
thirteen of said section, and insert in lieu thereof the following: 
"All public high schools established and aided under this act 
shall be subject to such inspection as may be directed by the 
State Superintendent of Public Instruction and shall make such 
reports as shall be required by him." 

(d) In section four strike out all words between the word 
"from" in line fifteen and the word "who" in line sixteen, and 
insert in lieu thereof the following: "The State Board of Ex- 
aminers." 

(e) Strike out section five and insert in lieu thereof the fol- 
lowing: 

"No public high school shall be established or maintained 
under this act in connection with any public elementary school 
having an annual school term of less than seven months; and 
every public elementary school operated in connection with a 
public school established under this act shall have- at least 
two teachers giving their full time to instruction in the branches 
of study required to be taught in the public elementary schools 
of the State; and no public high school shall be entitled to the 
benefits of this act that does not have at least one duly licensed 
high school teacher giving his full time to instruction in the high 
school branches as outlined by the State Superintendent of Public 
instruction: Provided, that this section shall not be construed 
to prevent the principal of a public high school from serving as 
principal of the public elementary school operated in connection 
therewith to the extent of exercising supervisory and disciplinary 
functions over said public elementary school." 



23 

(f) strike out section six of said chapter and insert in lieu 
thereof the following: "Public high schools ?hall not be estab- 
lished and aided under this act in towns or cities of more than 
twelve hundred inhabitants, except as is hereinafter provided in 
this section: Provided, that the county board of education may 
approve for the purposes of this act one regularly organized town 
or city high school of standard grade and may enter into agree- 
ment or contract with the board of trustees or committee of said 
high school whereby students of high school age and grade re- 
siding outside the limits of said high school district, and public 
school teachers of the county, may be permitted to attend for the 
full term each year said high school free of tuition. But no such 
contract or agreement shall entitle such high school to the benefits 
of this act until said contract or agreement shall have been 
approved by the State Board of Education. And when such con- 
tract or agreement shall have been approved by the State Board 
of Education said town or city high school shall be subject to the 
provisions and entitled to the benefits of this act: Provided, 
further, that said town or city high school shall maintain an 
average daily attendance for the full term of at least ten high 
school students from outside the local district. 

(g) After the word "schools" and before the word "and," in 
line five of section seven, insert the following words: "After 
the recommendation and location of a public high school have 
been approved by the State Board of Education." 

(h) Strike out section nine and insert in lieu thereof the fol- 
lowing: "Every public high school receiving State aid under this 
act shall maintain an average daily attendance of at least ten 
high school students for the required term, and any public high 
school making an average daily attendance of less than ten for 
the required term shall not be entitled to receive State aid under 
this act; and every public high school receiving the maximum 
State aid allowed under this act shall maintain for the required 
term an average daily attendance of at least twenty, and any 
public high school making for the required team an average 
daily attendance of less than twenty shall have its apportionment 
from the State reduced proportionately." 

Sec. 4. Amend section four thousand one hundred and thirty- 
five of The Revisal of one thousand nine hundred and five of 
North Carolina by striking out in line six thereof the words "in 
teaching school," and inserting in lieu thereof the following 
words, "in teaching or supervising schools within five years im- 
mediately preceding his election." 

Sec. 5. That this act shall be in full force and effect from and 
after its ratification. 

In the General Assembly read three times and ratified this the 
12th day of March, 1913. 

1913, c. 149. 



24 

EXPLANATION OP THE PROVISIONS OF THE OMNIBUS 
SCHOOL BILL. 
Section 1. 

(a) Amends section 4116 so as to make the county instead of 
the township the unit of apportioning the school funds, and 
revises the wording of this section accordingly. It also gives 
the county board of education the authority, after a six months 
term has been provided, to pay not exceeding one-half the salary 
of a health officer for the county, for his full time, who shall in- 
struct the teachers in their meetings and through printed litera- 
ture on matters of health. 

(b) Amends section 4131 so as to give to boards of trustees and 
committees of chartered graded schools the same authority with 
respect to acquiring sites for schools under their direction that 
is vested in county boards of education with respect to acquiring 
sites for county schools. 

(c) Amends section 4133, as amended by chapter 135, Laws of 
1911, so as to allow county superintendents of education to pub- 
lish in their printed annual school reports the same information 
now required to be published in some newspaper or at the court- 
house door. 

(d) Amends section 4135 so as to allow any county having a 
school fund not exceeding $15,000 to unite with an adjoining 
county in employing a superintendent of schools jointly for his 
full time. 

(e) Amends section 4145 so as to require the county board of 
education to appoint school committeemen as follows: one for a 
term of three years, one for a term of two years, and one for a 
term of one year, and their successors each for a term of three 
years. This plan makes the term of only one member expire 
each year, thus leaving two experienced members holding over 
each year. 

(f) Amends section 4161 so as to require all applications for 
positions to teach in a county to be filed with the county superin- 
tendent of public instruction, and it further requires the county 
board of education to fix a day in each township for the election 
of teachers, at which time the committeemen of the various dis- 
tricts are to meet with the superintendent and elect teachers for 
all the schools of the township. It also provides that no election 
of any teacher shall be deemed valid until approved by the county 
superintendent. 

(g) Amends section 4153 so as to allow a part of the loan fund 
to be used for the purpose of erecting dormitories for the rural 
public high schools and farm-life schools. 

(h) Amends section 4108 so as to require justices of the peace 
to report to the county board of education the fines, forfeitures, 
and penalties imposed in their courts. State Department of Edu- 
cation to furnish blanks for this purpose to all officers who are 
required to report fines, forfeitures, and penalties. 

(i) Amends section 4158 so as to require the treasurers of city 
school funds to report as is now required of treasurers of the 



25 



county school fund, and thereby show entire expenditures for 
education in State. 

(j) Amends section 4164 so as to authorize county boards of 
education to provide for the payment of teachers' salaries 
promptly at the end of each month. 

(k) Amends section 4119 so as to provide that members of 
the county board of education appointed by other members of 
the board to fill vacancies are to serve only until the Legislature 
meets and acts. 

(1) Amends section 4164, requiring teachers to report the num- 
ber of pupils completing the elementary grades. 

(m) Amends section 4163 so as to provide that no assistant 
teacher shall be employed in any one-teacher school until the 
average daily attendance reaches forty, and it further provides 
that such assistant teacher may be dismissed when the average 
daily attendance for four consecutive weeks drops below forty. 

Section 2. Amends section 3839 as follows: 

Under section 1, subsection (i) above, treasurers of city school 
funds are required to report in the same manner as are treasurers 
of the county school fund. Failure to report under this amend- 
ment is made a misdemeanor for city school treasurers as it is 
for county treasurers. 

Section 3. Amends chapter 820, Laws of 1907, relating to pub- 
lic high schools, as follows: 

(a) Amends section 1 by putting into the law a rule of the 
State Board of Education which has been in force ever since the 
high school law went into effect, namely, the requirement that 
public high schools receiving State aid shall run at least seven 
months each year. The law now says five months, ■ the State 
Board says seven, and there is frequently misunderstanding. 
Five months is too short, and seven is none too long. 

(b) Amends section 2. It is self-explanatory. It simply names 
the graded school committee as high school committee, also in 
cases where a public high school is established in connection with 
a chartered school. This is done to avoid confusion at times, 
and unnecessary duplication of committees. 

(c) Amends section 4. High school teachers' certificates are 
rule of the State Board of Education since the law went into 
effect, namely, that public high schools receiving State aid shall 
be inspected after they are established, as well as before getting 
aid, under the direction of the State Superintendent of Public 
Instruction. 

(d) Amends section 4. High school teachers' certificates are 
issued by the State Board of Examiners. The amendment sim- 
ply makes the law conform to the practice. 

(e) Amends section 5. This section simply restates the sub- 
stance of the section for which it is substituted, making it more 
definite and more explicit. 

(f) Amends section. 6. This substitute section for section 6 



26 

really combines and restates the principles involved in sections 6 
and 9 of the original high school law regarding the admission of 
high school pupils and public school teachers of the rural dis- 
tricts into city graded schools. It brings city schools receiving 
pupils under this act more definitely under the high school law, 
and safeguards more certainly the expenditure of the funds re- 
ceived from the State, by requiring such schools to make the 
average daily attendance required from outside the local district. 

(g) Amends section 7 by simply making it more explicit. 

(h) This is a substitute section for section 9, the substance of 
which has been restated and included in section 6. See explana- 
tion under (f) above. This new or substitute section puts into 
the law another rule of the State Board of Education which has 
been in force in the main for five years, regarding the attendance 
required of public high schools. 

Section 4. Amends section 4135 of The Revisal of 1905 re- 
garding the qualifications of the county superintendent. His re- 
quired experience shall have been within the five years immedi- 
ately preceding his election. 



27 
ALLIANCE-UNION FARM SCHOOL 



AN ACT TO ESTABLISH THE ALLIANCE-UNION FARM 

SCHOOL. 

The General Assembly of North Carolina do enact: 

AIM OF SCHOOL. 

Section 1. There shall be established and maintained in 
Orange County a school to be known as the Alliance-Union Farm 
School for the training and preparation of the boys of the State 
of North Carolina for farm life. The aim of said school shall be 
to prepare boys for agricultural pursuits, and the course of study 
shall be prepared with that end in view by the trustees of said 
school. 

BOARD OF TRUSTEES. 

Sec. 2. The school shall be under the control and management 
of a board of trustees consisting of eleven members, the Superin- 
tendent of Public Instruction of the State, one member selected 
by the Board of Education of Orange County and one member 
selected by the Board of County Commissioners of Orange County, 
the Commissioner of Agriculture and the President of the Agri- 
cultural and Mechanical College at Raleigh shall be, ex officio, 
members of the said board of trustees. Three members shall be 
appointed by the Farmers Alliance, and three members shall be 
appointed by the Farmers Union, the term of office of these shall 
be six years, but the first appointment shall be made so that one 
each from the Farmers Alliance and the Farmers Union shall 
expire in two years, one each in four years, and the other two in 
six years. All vacancies occurring by death, resignation or other- 
wise in the number appointed, of the Farmers Alliance and Farm- 
ers Union shall be filled by the body making the original appoint- 
ment. 

BOABD CONSTITUTED A BODY CORPORATE. 

Sec. 3. The board of trustees of the said Alliance-Union Farm 
School and their successors in office shall be and are hereby con- 
stituted a body corporate by the name and style of The Board of 
Trustees of the Alliance-Union Farm School, and by that name 
may sue and be sued, make contracts, purchase, hold and sell real 
estate and personal property, receive donations by gift or other- 
wise, and exercise such other rights and privileges as are con- 
ferred by law upon corporate bodies. The title to all lands and 
other property of said school shall vest in said board of trustees. 

BOARD MAY ACCEPT CERTAIN GIFTS. 

Sec. 4. The' said board of trustees is authorized to accept from 
the Farmers Alliance a deed conveying to it in fee simple that 
tract of land belonging to said Farmers Alliance situated in 



28 

Orange County, about one mile west of the town of Hillsboro, and 
containing one hundred and forty acres, more or less, together 
with all buildings and appurtenances belonging thereto. The 
said board of trustees is further authorized to accept from the 
Farmers Union the sum of ten thousand dollars, which shall be 
used for the purpose of erecting permanent buildings for said 
school. 

SPECIAL TAX TO BE VOTED ON. 

Sec. 5. Whenever it shall be made to appear to the Board of 
County Commissioners of Orange County that the Farmers Alli- 
ance property In Hillsboro has been properly conveyed to the 
said board of trustees as above provided, and that the Farmers 
Union has contributed ten thousand dollars for the building fund 
of said school, then the said Board of County Commissioners shall 
order an election to be held in Orange County in accordance with 
the law governing general elections as nearly as may be. At said 
election there shall be submitted to the qualified voters of the 
county a question of levying and collecting a special tax on all 
taxable property and polls of said county, to be used toward the 
maintenance of the said farm school. At such elections those 
favoring the levy and collection of such tax shall vote a ballot on 
which shall be written or printed the words "For Farm School," 
and those opposed shall vote a ballot on which shall be written 
or printed "Against Farm School." Said election shall be ad- 
vertised by posting notice at the courthouse door and three other 
publiQ places in said county and by publishing a notice for four 
successive weeks preceding the election in newspaper published 
in said county. The registrar and pollholders shall be appointed 
by the Board of County Commissioners, shall canvass the votes 
cast in the election, declare the result and certify the returns 
thereto to the Board of County Commissioners. A new registra- 
tion shall be ordered for said election. If a majority of the quali- 
fied voters shall vote "For Farm School" then the County Com- 
missioners shall annually levy and cause to be collected in the 
same manner and at the same time as other taxes of the county 
are levied and collected, a tax on all property and polls of the 
county sufficient to provide annually not less than two thousand 
five hundred dollars, and the amount so received shall be turned 
over to the treasurer and the said board of trustees to be used 
for the maintenance of said farm school. 

BOARD SHALL ELECT TREASUKEK. 

Sec. 6. The board of trustees of said farm school shall elect a 
treasurer who shall receive and -disburse all funds, keeping and 
rendering annually to the trustees of said school separate account 
of such receipts and disbursements, and shall give such official 
bond as may be required by the board of trustees. 



29 



STATE APPROPBIATION FOB MAINTENANCE. 

Sec. 7. Upon satisfactory evidence furnished to the State Board 
of Education that all the provisions for the establishment, main- 
tenance and equipment of said farm school have been complied 
with, the said State Board of Education shall order the said 
Superintendent of Public Instruction to issue a requisition upon 
the State Auditor for the sum of seven thousand five hundred 
dollars, annually, for the maintenance of said school, and the 
State Auditor shall issue his warrant in favor of the treasurer 
of the said board of trustees for said amount, which shall be paid 
out of the State Treasury. 

IF TAX IS NOT VOTED. 

Sec. 8. If the county of Orange shall fail to vote for a special 
tax to aid in the maintenance of said school, as provided in sec- 
tion five hereof, then the Alliance property shall be reconveyed 
to the Farmers Alliance by the board of trustees of said school, 
and the money advanced by the Farmers Union shall be refunded 
to it. 

BOYS FROM ANY COUNTY ADMITTED FEEE. 

Sec 9. Boys from any county in the State shall be admitted 
to said school without any tuition charges. 

Sec. 10. This act shall be in force from and after its ratifica- 
tion. 

In the General Assembly read three times and ratified this the 
10th day of March, 1913. 



30 
CHILD LABOR LAW 



AN ACT TO REGULATE AND RESTRICT LABOR IN MANU- 
FACTURING ESTABLISHMENTS. 

The General AssemMy of North Carolina do enact: 

NO CHILD UNDER TWELVE PERMITTED TO WORK IN FACTORIES. 

Section 1. That no child under twelve years of age shall be 
employed or work in any factory or manufacturing establishment 
within this State: Provided, that no child between the ages of 
twelve and thirteen shall be employed or work in a factory except 
in apprenticeship capacity, and only then after having attended 
school four months in the preceding twelve months. 

NO PERSON UNDER SIXTEEN YEARS MAY WORK AT NIGHT. 

Section 2. That no person under sixteen years of age shall be 
employed or permitted to work in any mill, factory or manufac- 
turing establishment in this State between the hours of 9 p. m. 
and 6 a. m. 

CERTIFICATES REQUIRED. 

Sec 3. That no child under sixteen years of age shall be em- 
ployed or permitted to work at night, nor shall any child under 
the age of thirteen years be employed on day work in any mill, 
factory or manufacturing plant in this State unless the person, 
firm or corporation employing such child or permitting such 
child to work shall have procured and shall keep on file and ac- 
cessible to any inspector of factories or other authorized oflicer 
charged with the enforcement of this act a certificate from the 
parent, guardian, or from person standing in loco parentis to any 
such child, which certificate shall show the name and age of such 
child, and in case such child is under thirteen and more than 
twelve years of age, said certificate must set forth the fact that 
such child has attended school four months in the preceding 
twelve months. 

PENALTY FOR VIOLATION. 

Sec. 4. That any person, firm or corporation, agent or manager 
of any firm or corporation who willfully, whether for himself or 
for such firm or corporation, employs or permits to work any 
child in violation of any of the provisions of this act, and who- 
ever, having under his control as parent, guardian or otherwise, 
shall willfully set forth any false statement in the certificate of 
employment herein required or otherwise suffers such children 
to be employed or to work in violation of any of the provisions 
of this act, shall be guilty of a misdemeanor. 

COUNTY SUPERINTENDENT MUST INVESTIGATE. 

Sec 5. That it shall be the duty of the county superintendent 
of public schools to investigate any violation of this act and to 



31 

report the same to the solicitor of the judicial district in which 
said violation occurred, together with the names of all witnesses. 

Sec. 6. That all laws and clauses of laws in conflict with this 
act are hereby repealed. 

Sec. 7. That this act shall be in force from and after the first 
day of January, 1914. 

In the General Assembly read three times and ratified this the 
sixth day of March, 1913. 



32 



GUILFORD COUNTY FARM LIFE SCHOOL LAW 

Made to Apply to All Counties of the State 



AN ACT TO PROMOTE THE TEACHING OP AGRICULTURE 
AND DOMESTIC SCIENCE IN THE PUBLIC HIGH SCHOOLS 
OP GUILPORD COUNTY. 

The General AssemUy of North Carolina do enact: 

AGRICULTURAL INSTRUCTION AND TRAINING IN DOMESTIC SCIENCE. 

Section 1. That there shall be maintained in one or more of 
the public high schools of Guilford County, complying with the 
provisions of this act as hereinafter set forth, a department of 
agricultural instruction, and a department of training in domestic 
science and home economics in order to better prepare the boys 
and girls of said county for farm life and home-making. 

board' of TRUSTEES. 

Sec 2. That the said school or schools shall be under the con- 
trol and management of a board of trustees consisting of the 
members of the board of education of said county and the chair- 
man and secretary of the board of trustees of each high school in 
which such departments are established. 

SELECTION OF SCHOOL. 

Sec 3. That after due advertisement inviting bids from the 
public high schools of said county now in existence or hereafter 
created, the County Board of Education of Guilford County shall 
designate the place or places at which such agricultural or do- 
mestic science work shall be established. In designating a school, 
the said county board of education shall take into consideration 
the financial aid offered for a maintenance and equipment, desira- 
bility and suitability of location: Provided, hoioever, that no such 
department shall be established in a school which is located in a 
town of more than one thousand inhabitants, nor within two 
miles of the corporate limits of any city or town of more than 
five thousand inhabitants. 

maintenance of SCHOOL, PROVISIONS, ETC. 

Sec 4. That for the maintenance of said school or schools, the 
County Board of Education of Guilford County shall provide an- 
nually out of the public school fund, or by donation or local tax, 
not exceeding twenty-five hundred ($2,500) dollars: Provided, 
however, that the present average school term of the county shall 
not be shortened by the appropriation herein designated. Any 
school applying for the benefit to be derived under this act shall 
first provide a building with recitation rooms, laboratories, and 



33 

apparatus necessary for efficient instruction in the prescribed sub- 
jects of study and such dormitory buildings as the county board of 
education of said county may require, and a farm of not less than 
ten acres of good arable land, said land to be situated not more 
than one mile from the school buildings: Provided, however, that 
before the County Board of Education of Guilford County shall 
designate any school as a place at which the agricultural and 
domestic science work shall become a part of the school curricu- 
lum, it shall first submit to the State Superintendent of Public 
Instruction for his inspection and approval the equipment pro- 
vided for said school. 

PURPOSE OF SCHOOL AND COURSE OF STUDY. 

Sec. 5. That the purposes of said school or schools are to give 
to the boys and girls such preparation as is now given in the said 
county public high schools, and in addition to that to give to the 
boys training in agricultural pursuits and farm life, and to pre- 
pare the girls for home-making and home-keeping. The course of 
study for the said school or schools shall be subject to the ap- 
proval of the State Superintendent of Public Instruction and an 
advisory board of farm-life schools to be appointed by him. 

FACULTY AND SCHEDULE OF WOEK. 

Sec. 6. That the teacher or teachers of the public high school, 
the teacher of agriculture, and the teacher of domestic science 
shall constitute the faculty of the county high school, who shall 
arrange the weekly schedule of work and submit such weekly 
schedule to the County Superintendent of Education of Guilford 
County for his approval. 

APPEOPRIATION BY STATE, PROVISIONS AND TERMS. 

Sec. 7. That upon its being made to appear to the State Board 
of Education that Guilford County has complied with all the 
provisions of this act for establishment, maintenance and equip- 
ment of an agricultural department and a domestic science depart- 
ment in connection with one or more of the public high schools 
of the said county, it shall appropriate and pay to the County 
Board of Education of Guilford County for such purpose an 
amount equal to that appropriated and furnished by the county 
of Guilford for said work: Provided, however, that said appro- 
priation by the State Board of Education shall not exceed the 
sum of twenty-five hundred ($2,500) dollars annually for the 
maintenance of said work in said county, to be paid by the State 
Treasurer out of funds appropriated for the maintenance of county 
farm-life schools by chapter eighty-four of the Public Laws of one 
thousand nine hundred and eleven. That any money that is now 
or may hereafter be appropriated by the General Assembly of 
North Carolina, the State Board of Education, or other state au- 
2 



34 

thority for agricultural or domestic science education, a part of 
which appropriation would, except for this act, be appropriated 
to Guilford County absolutely, or upon a contingency or contin- 
gencies, then and in that event such appropriation which would 
go to Guilford County shall be turned over to the County Board 
of Education of Guilford County to aid in the carrying out of the 
provisions of this act. That compliance with the provisions of 
this act by the authorities of Guilford County shall be sufficient 
to entitle the county of Guilford to its proportion of any appro- 
priation of money already made or which may hereafter be made 
for training in the science of agriculture or domestic science. The 
State Superintendent of Public Instruction shall issue a requisi- 
tion on the State Auditor for the amount so apportioned to Guil- 
ford County and he shall issue his warrant to the county treasurer 
of said county, and the money shall be placed by the said treas- 
urer to the credit of the school or schools of Guilford County in 
which said agricultural and domestic science work is being con- 
ducted: Provided, however, that all money thus placed to their 
credit shall be used exclusively for the purpose of instruction in 
agriculture and domestic science. 

AUTHOKITY OF HIGH SCHOOL PRINCIPAI.. 

Sec. 8. That nothing in this act shall be construed to lessen 
the power and authority of the principal of the high school, but 
the instructors in the various departments shall be considered 
members of the faculty of which the high school principal is 
head. 

QUALIFICATION OF TEACHERS. 

Sec. 9. That no person shall be employed as teacher in agri- 
culture or domestic science in the school or schools herein pro- 
vided for unless the applicant has furnished to the trustees satis- 
factory evidence of a liberal English education, and in addition 
thereto special preparation and fitness for the specific branches 
to be taught, said qualifications to be passed upon by the County 
Superintendent of Guilford County, and if approved, submitted 
to the State Superintendent of Public Instruction for his ap- 
proval. In addition to the above requirements the said person 
shall hold a high school teacher's certificate on all required sub- 
jects except Latin, Greek, and Modern Languages. 

students from OTHER COUNTIES. 

Sec. 10. That the board of trustees of the school or schools 
herein provided for is authorized and empowered to admit stu- 
dents from other counties of the State to said school or schools, 
upon payment of such tuition charges as said board of trustees 
may fix, but all students who are residents of Guilford County 
shall be admitted to any of said schools without charge for tui- 
tion: Provided, however, that there shall be no discrimination 



35 

against students coming from other counties in the charges fixed 
for board and incidentals. 

AGRICULTURAL FARM UFE AND EXTENSION WORK. 

Sec. 11. That it shall be part of the duty of the teachers of 
agriculture and domestic science to conduct agricultural farm life 
and extension work in Guilford County in cooperation, as far as 
possible, with such work carried on in said county by the State 
Department of Agriculture, the North Carolina College of Agri- 
culture and Mechanic Arts, and the United States Department of 
Agriculture; to hold township and district meetings in various 
parts of Guilford County from time to time, for farmers and 
farmers' wives; to cooperate with the county superintendent of 
education of said county and with the commissioner of agricul- 
ture, if such officer exists, in stimulating, directing and super- 
vising practical farm life work in the public high school and the 
elementary schools of said county, and in providing instruction 
through the teachers' association and through a special short 
course of study at the schools where agriculture and domestic 
science instruction is given for the public school teachers of the 
said county. 

THIS ACT MADE TO APPLY TO ANY COUNTY OF NORTH CAROLINA. 

Sec. 12. This act shall apply to Guilford County, and to any 
other county of the State of North Carolina complying with the 
conditions herein required of Guilford County: Provided, that no 
other county shall use, for the purposes herein designated, any 
part of the funds provided by the State and county for the main- 
tenance of public schools until after a six months school term 
shall have been provided out of said funds in every district of 
said county. 

Sec. 13. That this act shall be in force from and after its rati- 
fication. 

Ratified this the 1st day of March, 1911. 

Amendments ratified the 10th day of March, 1913. 

1911, c. 449; 1913, c. 105. 



36 
WOMEN ON SCHOOL BOARDS 



AN ACT TO AUTHORIZE WOMEN TO DISCHARGE CERTAIN 
DUTIES PERTAINING TO EDUCATION. 

The General Assembly of North Carolina do enact: 

CEETAIN POSITIONS NOT DEEMED OFFICES. 

Section 1. That positions on committees for rural and graded 
scliools, boards of trustees for state schools and colleges for 
women, and sub-text-book commissions, shall not be deemed oflBces 
within this State, but shall be places of profit or trust. 

women may SEEVE IN SAID POSITIONS. 

Sec. 2. Women shall be eligible to serve in the places named 
in section one of this act under the same conditions and restric- 
tions as are now imposed upon men: Provided, that the provi- 
sions of this act shall not apply to any position or place where the 
person holding such position or place is elected by the people. 

Sec 3. All laws and clauses of laws in conflict with this act 
are hereby repealed. 

Sec. 4. This act shall be in force from and after its ratifica- 
tion. 

In the General Assembly read three times and ratified this the 
12th day of March, 1913. 



37 



THE PUBLIC SCHOOL LAW 



The following is the Public School Law of one thousand nine 
hundred and five, as amended by the General Assembly of one 
thousand nine hundred and seven, one thousand nine hundred and 
nine, one thousand nine hundred and eleven, and one thousand 
nine hundred and thirteen. Each division of the law is preceded 
by a succinct summary and contains explanatory notes, the whole 
being followed by decisions bearing on its interpretation. 

I. APPLICATION OF CHAPTER, 

4029. This chapter not applicable to certain schools; such 
SCHOOLS regulated. The provisions of this chapter shall not ap- 
ply to any township, city or town now levying a special tax for 
schools and operating under special laws or charters, or to schools 
operating under section forty-seven, chapter one hundred and 
ninety-nine, laws of one thousand eight hundred and eighty-nine. 
School districts in any city or town now operating under section 
forty-seven, chapter one hundred and ninety-nine, laws of one 
thousand eight hundred and eighty-nine, are hereby continued, and 
all vacancies in the school committees therein shall be filled by 
the county board of education. If such districts comprise a town- 
ship, there shall not be appointed township school committeemen 
for such township, and all apportionments shall be made directly 
to the committee of such districts. The superintendent and treas- 
urer of all such schools receiving any part of the public school 
fund shall be required to make to the State Superintendent and 
the county superintendent such reports as these officers shall de- 
mand and as are made by other public schools to them, and shall 
be under the general supervision of the State Superintendent of 
Public Instruction. 

1901, c. 4, s. 73; 1903, c. 435, s. 25. 

[This section requires the proper officers of town and city 
schools to make reports to the State Superintendent.] 

II. THE STATE BOARD OF EDUCATION. 

Summary. — The State Board Consists of the Governor, the 
Lieutenant-Governor, the Secretary of State, the Treasurer, 
the Auditor, the Superintendent of Public Instruction, and 
the Attorney-Genpral; has corporate powers; the Governor is 
president, the State Superintendent is secretary; it must keep 
a record of its proceedings, and succeeds to all the powers of 



*The State Board of Education, in addition to the above, has control of the Colored 
Normal Schools (Rev. 1905, 4180-4186), and is the Text-book Commission (Rev. 1905, 
4057-4084). The State Board also elects directors of State Normal and Industrial Col- 
lege (Rev. 1905,4252). The trustees of the East Carolina Training School are also 
elected by this board ( Laws 1907 ). 



38 

"the president and directors of the literary fund." This 
board may make rules for the government and regulation of 
the public schools and has vested in it the property and man- 
ageme]s[t of the literary fund of the state.* 

4030. Incorporated. The Governor, Lieutenant-Governor, Sec- 
retary of State, Treasurer, Auditor, Superintendent of Public In- 
struction and Attorney-General shall constitute the State Board of 
Education, and by the name, the State Board of Education, are 
created a corporation, and by that name may sue and be sued; 
may have a common seal; may acquire, receive and hold real, per- 
sonal and mixed property, by purchase, gift, devise or othervi^ise, 
and may sell, dispose of and convey the same; and may contract 
and be contracted with, for the purposes provided in this chapter 
and for such othei* purposes as may be prescribed by law, and to 
that end may make such by-laws for its government and the exer- 
cise of its powers, and alter the same from time to time in its dis- 
cretion, as shall not be in conflict with the laws of the State and 
of the United States; and shall be vested with all other powers 
conferred upon corporations under the general law relating to 
corporations. 

Const., Art. IX, ss. 8, 9, 10; Code, s. 2503; 1881, c. 200; 1903, 
c. 567, s. 7. 

4031. Officers; quorum; meetings; expenses. Of the board, 
the Governor shall be president, the Superintendent of Public In- 
struction shall be secretary, and the Treasurer of the State shall 
be treasurer, and a majority of the board shall constitute a quo- 
rum for the transaction of business. The board shall hold its 
meetings in the Executive office, and shall meet at such times as 
a majority of the members may appoint; but the Governor may 
call a meeting at any time. The contingent expenses of the board 
shall be provided for by the General Assembly. 

Const, Art. IX, ss. 9, 12, 13; Code, s. 2504; 1881, c. 200, s. 2. 

4032. Proceedings recorded. All the proceedings of the board 
shall be recorded in a well-bound and suitable book, which shall be 
kept in the office of the Superintendent of Public Instruction. 

Code, s. 2505; 1881, c. 200, s. 3. 

4033. Succeeds to powers and property, etc., of literary fund. 
The State Board of Education shall succeed to all the powers and 
trusts of the "president and directors of the literary fund of 
North Carolina," and shall have full power to legislate and make 
all needful rules and regulations for the government of the public 
schools and for the management of the State educational fund; 
but all such acts, rules and regulations of the board may be 
altered, amended or repealed by the General Assembly, and when 
so altered, amended or repealed shall not be reenacted by the 
board; and the board shall succeed to and have all the property, 
powers, rights, privileges and advantages which in anywise be- 
longed or appertained to the "president and directors of the liter- 



39 



ary fund of North Carolina," and may, in its own name, assert, 
use, apply and enforce the same. 

Const., Art. IX, s. 10; Code, s. 2506; 1881, c. 200, s. 4; R. C, c. 
66; R. S., cc. 66, 67. 

4034. Accounts kept; keports made. The State Treasurer 
shall keep a fair and regular account of all the receipts and dis- 
bursements of the State literary fund, and shall report the same 
to the General Assembly at the same time when he makes his 
biennial account of the ordinary revenue; and the State Board of 
Education shall report to the General Assembly the manner in 
which the fund has been applied or invested, with such recom- 
mendations for the improvement of the same as to it shall seem 
expedient. 

Code, s. 2507; R. C, c. 66, s. 4; 1825, c. 1268, s. 2; 1903, c. 
567, s. 1. 

4035. How FUNDS INVESTED. The state Board of Education is 
authorized to invest in North Carolina four per cent bonds or in 
other safe interest-bearing securities, the interest on which shall 
be used as may be directed from time to time by the General As- 
sembly for school purposes. 

1891, c. 369. 

Note. — Sections 4036-4052 concern swamp lands. 

III. LOANS FOR BUILDmG SCHOOLHOUSES. 

Summary. — The State Board may make loans from the liter- 
ary FUND TO THE COUNTY BOARD FOR BUILDING SCHOOLHOUSES, ANY 
SUCH LOAN TO BE RELOANED BY THE COUNTY BOARD TO THE SCHOOL 

DISTRICT. Such loans bear 4 per cent interest and. are a lien 

ON ALL THE COUNTY SCHOOL FUNDS, AND MUST BE REPAID IN TEN 
EQUAL INSTALLMENTS. AlL LOANS ABE MADE UNDER SUCH RULES 
AND REGULATIONS AS THE STATE BoARD MAY ADOPT.* 

4053. Made by State Board. The State Board of Education, 
under such rules and regulations as it may deem advisable, not 
inconsistent with the provisions of this chapter, may make loans 
from the State literary fund to the county board of education of 
any county for the building and improving of public schoolhouses 
or dormitories for rural high schools and county farm-life schools 
in such county; but no warrant for the expenditure of any money 
for such purposes shall be issued by the Auditor except upon the 
order of the State Superintendent of Public Instruction, with the 
approval of the State Board of Education. 

1903, c. 567, ss. 1, 2, 8; 1913, c. 149. 

4054. Terms of. Loans made under the provisions of this 
chapter shall be payable in ten installments, shall bear interest 
at four per centum, payable annually, and shall be evidenced by 
the note of the county board of education, executed by the chair- 



*The State Superintendent, on application, will furnish the rules regulating this 
subject. 



40 

man and secretary thereof, and deposited with the State Treas- 
urer. The first installments of such loan, together with the in- 
terest on the whole amount then due, shall be paid by the county 
board on the tenth day of February after the tenth day of August 
subsequently to the making of such loan, and the remaining in- 
stallments, together with the interest, shall be paid, one each 
year, on the tenth day of February of each subsequent year, till 
all shall have been paid. 
1903, c. 567, s. 3. 

4055. How SECTJKED AND PAID. At the January meeting of the 
county board of education, before any installment shall be due on 
the next tenth day of February, the county board shall set apart 
out of the school funds an amount sufficient to pay such install- 
ment and interest to be due, and shall issue its order upon the 
treasurer of the county school fund therefor, who, prior to the 
tenth day of February, shall pay over to the State Treasurer the 
amount then due. And any amount loaned under the provisions 
of this law shall be a lien upon the total school funds of such 
county, in whatsoever hands such fund may be; and upon failure 
to pay any installment or interest, or part of either, when due, 
the State Treasurer may deduct a sufficient amount for the pay- 
ment of the same out of any fund due any county from any special 
State appropriation for public schools, or he may bring action 
against the county board of education of such county, any person 
in whose possession may be any part of the school funds of the 
county, and the tax collector of such county; and if the amount 
of school fund then on hand be insufficient to pay in full the sum 
so due, then the State Treasurer shall be entitled to an order 
directing the tax collector of such county to pay over to the State 
Treasurer all moneys collected for school purposes until such debt 
and interest shall have been paid. 

1903, c. 567, s. 4. 

4056. Loans by county boards to school districts. The county 
board of education, from any sum borrowed under the provisions 
of this chapter, may make loans to any district in such county for 
the purpose of building schoolhouses in such district, and the 
amount so loaned to any district shall be payable in ten annual 
installments, with Interest thereon at four per centum, payable 
annually. At the January meeting of such county board it shall 
deduct from the apportionment made to any district which has 
borrowed under the provisions of this chapter, the installment and 
interest then due, and shall continue to deduct such amount at 
each annual January meeting until the whole amount shall have 
been paid, together with interest. 

1903, c. 567, s. 5. 

Note. — Sections 4057-4084 concern the Text-book Commission. 
[Under this section the county hoard of education may make an 
additional apportionment out of its building fund to assist a dis- 
trict to repay its annual interest and installment on its loan.] 



41 

IV. THE SCHOOL SYSTEM AND THE COURSE OF STUDY. 

Summary.— TuE system of public education must be uniform 

AND FREE TO AT.T. CHILDKEN BETWEEN THE AGES OF SIX AND TWENTY- 
ONE YEARS. Separate schools must be provided for white, col- 
ored AND Indian children, without race discrimination. The 
course of study must include spelling, reading, writing, arith- 
metic, DRAWING, language LESSONS AND COMPOSITION, ENGLISH 

grammar, geography, history of north carolina and the united 
States, and elements of civil government, containing the Con- 
stitutions OF North Carolina and of the United States, and 
text-book instruction in physiology and hygiene. Other sub- 
jects may be taught in elementary schools when prescribed by 
the State Board of Education. The State Superintendent pre- 
scribes fHE course of study FOR HIGH SCHOOLS UNDER THE LAWS 

OF 1907. All school officials are required to take oath for 

THE faithful PERFORMANCE OF THEIR DUTIES. 

4085. Uniform system; compulsory attendance. The people 
have the right to the privilege of education, and it is the duty of 
the State to guard and maintain that right; and religion, morality 
and knowledge being necessary to good government and the happi- 
ness of mankind, schools and the means of education shall forever 
be encouraged. The General Assembly shall provide, by taxation 
and otherwise, for a general and uniform system of public schools, 
wherein tuition shall be free of charge to all children of the State 
between the ages of six and twenty-one years; and the General 
Assembly is empowered to enact that every child of sufficient 
mental and physical ability shall attend the public schools, during 
the period between the ages of six and eighteen years, for a term 
of not less than sixteen months, unless educated by other means. 

Const., Art. I, s. 27; Art. IX, ss. 1, 2, 15. 

4086. Separate schools for races; no discrimination against 
either race. The children of the white race and the children of 
the colored race shall be taught in separate public schools, but 
there shall be no discrimination in favor of or to the prejudice of 
either race. All white children shall be taught in the public 
schools provided for the white race, and all colored children shall 
be taught in the public schools provided for the colored race; but 
no child with negro blood in his veins, however remote the strain, 
shall attend a school for the white race, and no such child shall be 
considered a white child. The descendants of the Croatan Indians 
now living in Robeson and Richmond counties shall have separate 
schools for their children, as hereinafter provided in this chapter. 

Const., Art. IX, s. 2; 1901, c. 4, s. 68; 1903, c. 435, s. 22. 

[It is the duty of the county boards of education to provide sepa- 
rate school facilities for the Cherokee Indian children residing in 
the western part of this State, when not otherwise provided for.] 

4087. What taught. The branches to be taught in all the pub- 
lic schools shall be spelling, reading, writing, arithmetic, drawing. 



42 

language lessons and composition, English grammar, geography, 
the history of North Carolina and the United States and elements 
of civil government containing the Constitution of North Carolina 
and of the United States, elements of agriculture, and oral and 
text-book instruction in elementary physiology and hygiene, in- 
cluding the nature and effect of alcoholic drinks and narcotics: 
Provided, that in public schools employing more than one teacher 
the elements of civil government, physiology and hygiene, includ- 
ing the nature and effect of alcoholic drinks and narcotics and 
such other subjects of study as the State Board of Education may 
direct, shall be taught, after adequate provision shall have first 
been made for the thorough teaching of the branches before 
named. 

1905, c. 533, s. 9; 1901, c. 4, s. 37. 

[High school branches can not 6e taught in schools having only 
one teacher, and may &e taught in schools having more than one 
teacher only after adequate provision has first heen r)iade for 
the thorough teaching of the elementary branches mentioned in 
this section.] 

4088. Oath of office taken by officiaxs. The members of the 
county board of education, the school committeemen and the 
county superintendent of public instruction shall, before entering 
upon the duties of office, take oath for the faithful performance 
thereof. 

1901, c. 4, s. 45. 

V. THE GENERAL POWEES AND DUTIES OF THE STATE 
SUPEEINTEIVDENT. 

Summary. — The Superintendent is required to publish the 

SCHOOL LAVf, make A BIENNIAL REPORT TO THE GOVERNOR, KEEP HIS 
OFFICE AT THE CAPITOL, AND SIGN ALL ORDERS FOR MONEY PAID OUT 

OF State Treasury for educational purposes. He has general 

DIRECTION OF THE SCHOOL SYSTEM AND THE ENFORCEMENT OF THE 
SCHOOL LAW, ALL SCHOOL OFFICERS BEING REQUIRED TO OBEY HIS IN- 
STRUCTIONS AND HIS INTERPRETATION OF THE LAW. He IS REQUIRED 
TO BE ACQUAINTED WITH THE EDUCATIONAL CONDITION OF ALL SEC- 
TIONS OF THE State, and he must also keep in touch with the 
educational progress of other states.* 

4089. Shall equip office, print and circulate school law, 
SUPERINTEND PUBLIC SCHOOLS. The Superintendent of Public In- 
struction of North Carolina shall have the school laws published 



*In addition to these general duties, the State Superintendent has the following 
duties: Supervision and control of normal department of Cullowhee High School, Rev. 
1905, 4228; Secretary Text-book Commission, Rev. 1905, 4057; trustee of State Library, 
Rev. 1905, 5069; president of board of directors State Normal and Industrial College, 
Rev. 1905,4252; chairman of trustees of East Carolina Training School, Laws 1907; 
chairman State Board of Examiners, Laws 1907; prescribes course of study for public 
high schools, Laws 1907; makes rules and regulations for rural libraries, Rev. 1905; 
Member board of trustees of Appalachian Training School, Laws 1907; Chairman 
ex-officio Board of Trustees of the School for the Feeble Minded, Laws 1911; Chairman 
ex-officio Board of Trustees of Cullowhee Normal and Industrial School, Laws 1913. 



43 

in pamphlet form and distributed on or before the first day of 
May of each year. He shall send to each officer a circular letter 
enumerating his duties as prescribed in this chapter. He shall 
have printed all the forms necessary and proper for the purposes 
of this chapter, and he is hereby authorized to have printed as 
other public printing and distributed such educational bulletins 
as he shall deem necessary for the professional improvement of 
teachers and for the cultivation of public sentiment for public 
education, and shall look after the school interests of the State, 
and report biennially to the Governor, at least five days previous 
to each regular session of the General Assembly, which report 
shall give information and statistics of the public schools and 
recommend such improvements in the school law as may occur 
to him. He shall keep his office at the seat of government, and 
shall sign all requisitions on the Auditor for the payment of 
money out of the State Treasury for school purposes. Copies of 
his acts and decisions and of all papers kept in his office and 
authenticated by his signature and official seal shall be of the 
same force and validity as the original. He shall be furnished 
with such room, fuel, and stationery as jjhall be necessary for the 
efficient discharge of the duties of his office. 

1900, c. 525. 

4090. Shall construe and enforce law; ascertain best 
SCHOOL methods. He shall direct the operations of the system of 
public schools and enforce the laws and regulations in relation 
thereto. The county board of education and all other school offi- 
cers in the several counties shall obey the instructions of the 
State Superintendent and accept his constructions of the school 
law. It shall be his duty to correspond with leading educators 
in other States and to investigate systems of public schools estab- 
lished in other States, and, as far as practicable, render the re- 
results of educational efforts and experiences available for the 
information and aid of the Legislature and State Board of Edu- 
cation. 

1901, c. 4, s. 8; 1903, c. 435, s. 1. 

4091. Shall counsel county boards; hold institutes, etc. It 
shall be his duty to acquaint himself with the peculiar educa- 
tional wants of the several sections of the State, and he shall take 
all proper means to supply such wants, by counseling with county 
boards of education and county superintendents, by lectures be- 
fore teachers' institutes and by addresses to public assemblies on 
subjects relating to public schools and public school work. 

1901, c. 4, s. 9. 

4092. Duties as to loan fund. He shall go to any county 
when necessary for the due execution of the law creating a per- 
manent loan fund for the erection of public school houses He 
shall include in his annual reports a full showing of everything 



44 

done under the provisions of the law creating the permanent loan 
fund for the erection of public school buildings. 
1903, c. 751, ss. 11, 12. 

VI. SCHOOL FUNDS PROYIDED BY THE STATE. 

Summary. — 1. The income of the permanent school fund, ok 

LITERARY FUND, CONSISTS OF THE PROCEEDS OF THE FOLLOWING: 
(a) LAND GRANTS FROM UNITED STATES; (&) MONEYS, STOCKS, 
bonds; (c) SALES OF SWAMP LANDS; (d) GRANTS, GIFTS OR DEVISES. 
All THESE SOURCES OF INCOME ARE AT PRESENT UNPRODUCTIVE EXCEPT 

(c). The State Board of Education now uses the literary 

FUND TO aid in BUILDING SCHOOLHOUSES, WHICH MAKES INOPERA- 
TIVE sections 4094-4096 below. See sections 4053-56. 

2. ANNXfAL APPROPRIATION OF $250,000, (SeE SECTION 1, SIX 
MONTHS SCHOOL LAW.) 

4093. Special permanent fund. The proceeds of all lands that 
'have been or may hereafter be granted by the United States to 

this State and not otherwise appropriated by this State or the 
United States; also all moneys, stocks, bonds and any other prop- 
erty now belonging to any State fund for the purposes of educa- 
tion; also the net proceeds of sales of swamp lands belonging to 
the State, and all other grants, gifts or devises that have been 
made or hereafter may be made to this State and not otherwise 
appropriated by this State or by the terms of the grant, gift or 
devise, shall be paid into the State Treasury, and, together with 
so much of the ordinary revenue of the State as may be set apart 
for that purpose, shall be faithfully appropriated for establishing 
and maintaining a system of free public schools, as established in 
pursuance of the Constitution, and for no other purpose what- 
soever. And all funds of the State heretofore derived from the 
sources enumerated in section four, article nine of the State Con- 
stitution, and all funds that may be hereafter so derived, together 
with any interest that may accrue thereon, shall be a fund sepa- 
rate and distinct from the other funds of the State, to be known 
as the State literary fund. 

Const., Art. IX, s. 4; 1901, c. 4, s. 4; 1903, c. 567, s. 1. 

4094. Apportionment of income of school fund. The State 
Board of Education shall, on the first Monday in August of each 
and every year, apportion among the several counties of the State 
all the school funds which may be then in the treasury of the 
board and order a warrant for the full apportionment to each 
county, which apportionment shall be made on the basis of the 
school population; but no part of the permanent school fund shall 
be apportioned or distributed, but only the income therefrom. The 
State Auditor shall keep a separate and distinct account of the 
public school funds and of the income and interest thereof, and 
also of such moneys as may be raised by State, county and capita- 
tion tax, or otherwise, for school purposes. 

1901, c. 4, s. 1. 



45 

4095. Appobtionment, how paid. Upon the receipt of the requi- 
sition of the treasurer of any county, duly approved by the chair- 
man and secretary of the county hoard of education, for the school 
fund which may have been apportioned to such county, the State 
Board of Education shall issue its warrant on the State Auditor 
for the sum due such county, whereupon the Auditor shall draw 
his warrant on the treasurer of the State Board of Education in 
favor of such county treasurer for the amount set forth in the 
warrant of the State Board. 

1901, c. 4, s. 2. 

4096. Warrants, how drawn and endorsed. The State Treas- 
urer shall receive and hold as a special deposit all school funds 
paid into the treasury, and pay them out only on the warrant of 
the Auditor, issued on the order of the State Board of Education 
in favor of a county treasurer, duly endorsed by the county treas- 
urer in whose favor it is drawn, and it shall be the only valid 
voucher in the hands of the State Treasurer for the disbursement 
of school funds. 

1901, c. 4, s. 3. 

See Six Months School Law, page 8. 

yil. SCHOOL FUNDS PKOVIDED BY COUNTY AND LOCAL 
TAXATION AND APPORTIONMENT OF THE SAME. 

Summary. — 1. The proceeds of the sale of estrays; all fines, 
penalties and forfeitures; liquor license taxes and auction- 
eers' license tax. 

2. The proceeds of three-fourths of the general poll tax, 
the maximum of which is two dollars, on all male persons 
between twenty-one and fifty years of age.* 

3. The proceeds of a twenty-cents tax on each $100 assessed 
valuation of real and personal property.* 

4. The proceeds of a maximum special tax of 30 cents on 

EACH $100 assessed VALUATION OF PROPERTY AND 90 CENTS ON EACH 

poll which may be levied by a majority vote of the qualified 
voters of any incorporated town or school district. 

5. The proceeds of a maximum township high school tax of 
30 cents on each $100 assessed valuation of property and 90 
cents n each poll which may be levied by a majority vote of 
the qualified voters of any township. 

6. The proceeds of such special school tax as any town or 
city by its charter or by a special act of the General Assem- 
bly may acquire the right to levy by the approval of a ma- 
jority OF ITS QUALIFIED VOTERS. 

The APPORTIONMENT OF THE PROCEEDS OF THE StATE FUNDS AND 
THOSE INCLUDED IN 1-3 ABOVE IS CONTROLLED BY THE COUNTY BOARDS 
OF EDUCATION, ACCORDING TO SECTION 4116, BELOW; ALL OTHER SCHOOL 



•Revisal 1905, sees. 5109 and 5110; Constitution, Art. V, sees. 1 and 2. 



46 



FUNDS AND ENTIKELY UNDER THE CONTROL OF THE LOCAL SCHOOL COM- 
MITTEES OB BOARDS OF EDUCATION. 

4107. County educational fund fob free public schools. All 
moneys, stocks, bonds and other property belonging to a county 
school fund; also the net proceeds from sales of estrays; also the 
clear proceeds of all penalties and forfeitures, and of all fines 
collected in the several counties for any breach of the penal or 
military laws of the State, and all moneys which shall be paid 
by persons as equivalent for exemption from military duties; also 
the net proceeds of any tax imposed on licenses to retailers of 
wines, cordials or spirituous liquors, and to auctioneers, shall be- 
long to and remain in the several counties and shall be faithfully 
appropriated for establishing and maintaining free public schools 
in the several counties as established in pursuance of the Consti- 
tution. The amount collected in each county shall be reported an- 
nually to the State Superintendent of Public Instruction. 

Const., Art. IX, s. 5; 1901, c. 4, s. 5. 

4108. County officers file list of fines and penalties with 
COUNTY boards OF EDUCATION. The clcrks of all State and munici- 
pal courts, justices of the peace, and the clerks or other officials 
having in custody the records of any city or town in the State 
shall furnish to the county board of education of their respective 
counties, on the first Monday of July and January of each year, a 
detailed statement of fines, forfeitures and penalties which go to 
the school fund, that have been imposed or which have accrued, 
this information to be furnished on blanks prepared by the State 
Department of Public Instruction. 

1901, c. 4, s. 62; 1913, c. 149. 

4109. Tax lists to have separate columns for school taxes. 
The Auditor shall include on the form which he furnishes to the 
board of county commissioners, and on which the tax lists are to 
be made out, separate columns for school poll tax and school 
property tax and for special county and district taxes on property 
and polls. In one of these columns shall be written the total poll 
tax levied by the State and by the county authorities for schools 
and due by the taxpayer. In the other column shall be written 
the total property tax levied by the State and by the county 
authorities and due by the taxpayer. 

1901, c. 4, s. 60. 

4110. Register of deeds to furnish arstracts of tax lists to 
COUNTY board. The register of deeds shall furnish to the county 
board of education, as soon as the tax lists are made out, an ab- 
stract of such lists, showing in separate columns the total amount 
of poll tax on such lists, and also the total amount of property 
tax thereon, and also in another column the amount of special 
county and district poll taxes, and in a separate column the 
amount of special county and district property taxes; and shall 



47 



furnish such other information from his office as the county board 
of education may require. 

1901, 0. 4, s. 61. 

4111. Sheriff's liability, civil and criminal, fok failure to 
SETTLE SCHOOL TAX. The Sheriff of each county shall pay annually 
in money to the treasurer of the county school fund, on or before 
the thirty-first day of December of each year, the whole amount 
for school purposes collected by both State and county, less his 
lawful commission for collecting the same, and such sum as may 
be allowed on account of insolvents for the current year, and on 
failing to do so shall be liable to an action on his official bond for 
his default in such sum as will cover such default, such action 
to be brought to the next ensuing term of the Superior Court in 
the name of the State upon the relation of the board of county 
commissioners. In making settlement with the treasurer the 
sheriff or tax collector shall make separate account of insolvents 
and delinquents allowed, whether on property or capitation tax. 
The county superintendent shall make copies of the fines and pen- 
alties reported by justices of the peace and reported to clerk of 
Superior Court, and file the same with the county board. 

Code, s. 723; 1901, c. 4, s. 54; 1905, c. 533, s. 20. 

4112 (Substitute for). On or before the first Monday in June 
of each and every year the county board of education of each 
county shall ascertain the amount of money needed to maintain 
the public schools of such county for four months during the suc- 
ceeding school year. The county board of education, using as a 
basis the receipts for school purposes during the current school 
year ending June thirtieth thereafter, shall ascertain the amount 
that will be available for school purposes from the general school 
tax, from fines, forfeitures, and penalties, and from the annual 
per capita appropriation to the county from the special State ap- 
propriation for public schools under this act. If the amount re- 
ceived and to be received from these sources is less than the 
amount ascertained to be needed for a full four months school 
term in every public school district of the county, said county 
board of education shall submit to the board of county commis- 
sioners of said county an itemised statement of the amounts 
needed for supervision, for administration, for buildings and re- 
pairs, for salaries of teachers, and for all other expenses allowed 
by law. The statement shall also set forth the number of teach- 
ers, white and colored, to be employed in each district, and the 
salary of each teacher in each district. The limitation placed by 
law on each of these objects shall not be exceeded. It shall there- 
upon be the duty of the board of county commissioners to levy a 
special tax on all property, real and personal, and on all taxable 
polls, subject to the constitutional limitation as to poll tax, in 
said county sufficient to supply the deficiency needed for the 
support and maintenance of the public schools of said county for 
four months in each school district: Provided, that no county 



48 

shall he compelled to levy a special tax of more than fifteen cents 
on every hundred dollars value of property, real and personal, 
and forty-five cents on every taxable poll for said purpose. The 
said tax shall be levied and collected at the saine time and in 
the same manner as other county taxes are levied and collected, 
and the funds derived therefrom shall be apportioned and ex- 
pended by the county board of education for maintaining one or 
more public schools in each school district for a term of four 
months in each year. In the event of a disagreement between 
the county board of education and the board of county com- 
missioners as to the amount of the deficiency to be supplied 
for a four months school, and as to the rate of tax to be levied 
therefor, or of the refusal of any board of county commissioners 
to levy said tax, the county board of education^ shall bring an 
action in the nature of mandamus against the board of county 
commissioners to compel the levying of such special tax in the 
manner and form as provided in sections eight hundred and 
twenty-two and eight hundred and twenty-four of The Revisal 
of one thousand nine hundred and five of North Carolina, and 
it shall be the duty of the judge hearing the same to find the 
facts as to the amount needed and the amount available from 
the sources herein specified, which finding shall be conclusive, 
and to give judgment requiring the county commissioners to 
levy the sum which he shall find necessary to maintain the schools 
for four months in said county. No county shall receive any part 
of the State Equalizing School Fund provided by this act until 
it shall have levied the special tax herein required of it for a 
four months school term in every school district. 

1913, c. 33, s. 8. 

4113. Special tax may be voted for township high schools. 
In any township, upon petition of one-fourth of the freeholders of 
the township, approved by the county board of education, the 
board of county commissioners, after thirty days notice at the 
courthouse door and three public places in the township, shall 
hold an election to ascertain the will of the people within the 
township whether there shall be levied in said township a special 
annual tax of not less than ten cents nor more than thirty cents 
on the one hundred dollars valuation of property and not less 
than thirty cents nor more than ninety cents on each poll, in addi- 
tion to all other taxes levied for all other purposes, to be used 
for the establishment of a central high school or high schools in 
said township, in case such special tax is voted. The board of 
county commissioners shall appoint a registrar and order a new 
registration for said township, and said election shall be held in 
the said township under the law governing general elections, as 
nearly as may be, and the expenses of such election shall be paid 
out of the general county school fund. At said election those 
who are in favor of the levy and collection of said tax shall vote 
a ticket on which shall be printed or written the words "For 



49 

High School Tax," and those who are opposed shall vote a ticket 
on which shall be printed or written the words "Against High 
School Tax." In case a majority of the qualified voters at said 
election are in favor of said tax, then so much of the tax on prop- 
erty and polls herein provided for as in the judgment of the com- 
mittee may be necessary shall be annually levied and collected 
in the manner prescribed for the levy and collection of other 
taxes. All moneys levied under the provisions of this section 
shall, upon collection, be placed by the treasurer of the county 
school fund to the credit of the township high school committee, 
composed of three members, appointed by the county board of edu- 
cation, and shall be expended exclusively by said committee in 
establishing and maintaining one or more high schools in said 
township, under such rules and regulations as to ij;s conduct and 
such course or courses of study as shall be prescribed by the State 
Superintendent of Public Instruction. The powers, duties and 
qualifications of the committeemen provided for in this section 
shall be similar to those of other school committeemen, and they 
shall have the same power to apportion the funds so raised as is 
conferred upon the county board of education for apportionment 
of the general fund among the schools of the township. And the 
provisions of this section shall not be so construed as to prevent 
the teaching of the elementary branches in such high schools as 
may be established, nor so construed as to prevent the county 
board of education from making such apportionment of public 
school funds to such high schools as they may deem equitable and 
just: Provided, that township high schools may also be estab- 
lished without the levying of a special high school township tax, 
where the public funds are sufficient for that purpose, under such 
rules and regulations as to organization and course of study as 
the State Superintendent of Public Instruction shall prescribe: 
Provided, further, that high school subjects may be taught in all 
public schools employing more than one teacher, according to 
such rules and regulations as to organization and course of study 
as shall be prescribed by the State Superintendent of Public In- 
struction, where the public funds are sufficient to provide for such 
teaching; but the high school branches taught in such schools 
shall not interfere with the thorough teaching of the elementary 
branches. 

1905, c. 533, s. 13. 

4114. Special tax may be voted in cities and towns. In every 
incorporated city or town in which there is not now levied a 
special tax for schools, upon a petition signed by one-fourth of the 
freeholders therein, the board of aldermen or town commissioners 
of said city or town shall, at the date of municipal or general 
election next ensuing, upon the presentation of said petition, order 
an election to be held to ascertain the will of the people whether 
there shall be levied in such city or town a special annual tax of 



50 

not more than thirty cents on the one hundred dollars valuation 
of property and ninety cents on the poll to supplement the public 
school fund in such city or town. Said election shall be held in the 
different election precincts or wards under the law governing 
municipal or general elections in said cities or towns. At said 
election those who are in favor of the levy and collection of said 
tax shall vote a ticket on which shall be printed or written the 
words "For Special Tax," and those who are opposed shall vote a 
ticket on which shall be printed or written the words "Against 
Special Tax." In case a majority of the qualified voters at said 
election is in favor of said tax, the same shall be annually levied 
and collected in such town or city in the manner prescribed for 
the levy and collection of other city taxes. All moneys levied 
under the provisions of this section shall, upon collection, be 
placed to the credit of the town school committee, composed of 
not less than five nor more than seven members, appointed by 
the board of aldermen for said city or town, and shall be by said 
committee expended exclusively upon the public schools in said 
city or town; and there shall be but one school district in the 
said city or town, in which there may be established one or more 
schools for each race, and the school committee shall apportion 
the money among said schools in such manner as in their judg- 
ment will equalize school facilities. 

1901, c. 4, s. 71. 

4115. Special tax may be voted in special school districts. 
Special school tax districts may be formed by the county board 
of education in any county, without regard to township lines, 
under the following conditions: Upon a petition of one-fourth of 
the freeholders within the proposed special school district, in 
whose names real estate in such district is listed in the tax lists 
of the current fiscal year, endorsed by the county board of educa- 
tion, the board of county commissioners, after thirty days notice 
at the courthouse door and three public places in the proposed 
district, shall hold an election to ascertain the will of the people 
within the proposed special school district whether there shall be 
levied in such district a special annual tax of not more than thirty 
cents on the one hundred dollars valuation of property and ninety 
cents on the poll to supplement the public school fund which may 
be apportioned to such district by the county board of education 
in case such special tax is voted. The board of county commis- 
sioners shall appoint a registrar and two pollholders, and shall 
designate a polling place and order a new registration for such 
district, and the election shall be held in the district under the 
law governing general elections, as near as may be, and the reg- 
istrar and pollholders shall canvass the vote cast and declare the 
result, and shall duly certify the returns to the board of county 
commissioners, and the same shall be recorded in the records of 
said board of commissioners: Provided, the expense of holding 
said election shall be paid out of the general school fund of the 



51 

county. At such election those who are in favor of the levy and 
collection of the tax shall vote a ticket on which shall be printed 
or written the words "For Special Tax," and those who are op- 
posed shall vote a ticket on which shall be printed or written the 
words "Against Special Tax." In case a majority of the qualified 
voters at the election is in favor of the tax, the same shall be an- 
nually levied and collected in the manner prescribed for the levy 
and collection of other taxes. All moneys levied under, the pro- 
visions of this section shall, upon collection, be placed to the 
credit of the school committee in such district, which committee 
shall be appointed by the county board of education, and such 
school committee shall apportion the money among the schools 
in such district in such manner as in its judgment shall equalize 
school facilities. Upon the written request of a majority of the 
committee or trustees of any special tax district, the county board 
of education may enlarge the boundaries of any special tax dis- 
trict established under this section, or by special act or charter 
of the General Assembly of North Carolina, so as to include any 
contiguous territory, and an election in such new territory may 
be ordered and held in the same manner as prescribed in this 
section for elections in special tax districts; and in case a ma- 
jority of the qualified voters in such new territory shall vote at 
such election in favor of a special tax of the same rate as that 
voted and levied in the special tax district to which said territory 
is contiguous, then the new territory shall be added to and become 
a part of the said special tax district; and in case a majority of 
the qualified voters at such election shall vote against said tax, 
the district shall not be enlarged. Upon petition of two-thirds 
of the qualified voters residing in any special tax district estab- 
lished under this section, endorsed and approved by the county 
board of education, the board of county commissioners shall order 
another election in said district for submitting the question of 
revoking said tax and abolishing said district, to be held under 
the provisions prescribed in this section for holding other elec- 
tions: Provided, that no election for revoking a special tax in 
any special tax district shall be ordered and held in said district 
within less than two years from the date of the election at which 
the tax was voted and the district established, nor at any time 
within less than two years after the date of the last election on 
said question in said district; and no petition revoking such tax 
shall be approved by the county board of education oftener than 
once in two years, and if at such election a majority of the quali- 
fied voters in said district shall vote "Against Special Tax," said 
tax shall be deemed revoked and shall not be levied, and said 
district shall be discontinued: Provided, further, that the pro- 
visions for ordering a new election to revoke a special tax in any 
special tax district shall not apply to elections in such districts 
for increasing or restoring the special tax levy in such district, 
which elections may be ordered and held at any time in accord- 



52 

ance with the provisions of this section for establishing new 
special tax districts. 

1901, c. 4, s. 72; 1903, c. 435, s. 24; 1905, c. 533, s. 14; 1909, c. 
525; 1911, c. 135. 

4116. (Substitute fob). Apportionment of school funds; 
BESEBVATioN OF CONTINGENT FUND. The county board of education 
shall, on the first Monday in January and the first Monday in July 
of each year, apportion the school fund of the county to the various 
school districts; hut it shall, before apportioning the school fund, 
reserve as a contingent fund an amount sufficient to pay the sal- 
ary of the county superintendent and per diem and expense of 
the county board of education; and may further reserve as a fund 
for building and repairing schoolhouses and for equipment, in 
counties with a total school fund of five thousand dollars or less, 
not more than twenty per centum thereof; in counties with a 
total school fund of over five thousand dollars and not more than 
ten thousand dollars, not more than sixteen per centum thereof; 
in counties with a total school fund of over ten thousand dollars 
and not more than twenty-five thousand dollars, not more than 
ten per centum thereof; in counties with a total school fund of 
over twenty-five thousand dollars, not more than seven and a half 
per centum thereof, to be used as directed in section four thou- 
sand one hundred and twenty-four. It shall be the duty of the 
county board of education to distribute and apportion the school 
money so as to give to each school in the county for each race the 
same length of school term, as nearly as may be, each year. In 
making the apportionment the board shall have proper regard for 
the grade of work to be done and the qualifications of the teachers 
required in each school for each race. As soon as the apportion- 
ments are made it shall be the duty of the board to notify the 
school committeemen and the treasurer of the county school fund 
of the amount apportioned to each school, designating each school 
by number, and stating whether for white, colored or Indian, and 
naming the township and county. Funds unused by any district 
during any year shall, if still unused at the January meeting sub- 
sequent to the close of the school year, be returned to the general 
school fund for reapportionment, unless such district shall have 
been prevented from using such funds during that year by provi- 
dential or other unavoidable causes. 

Provided, that in the discretion of the county board of educa- 
tion it may also reserve sufficient funds, after first providing for 
a six months school term in every school district, to pay a part 
of the cost, not to exceed one-half, necessary to employ a capable 
physician for his entire time as county health officer whose elec- 
tion meets with the approval of said board and whose duties shall 
be specified by the county board of health to embrace those pro- 
vided for in that part of section eleven, chapter sixty-two, of the 
public health laws of one thousand nine hundred and eleven, re- 
lating to the medical inspection of schools and school children; 



53 

and he shall lecture to the teachers in their meetings and supply 
them with printed instructions regarding measures for the proper 
care of the body, the recognition and prevention of disease, the 
recognition, prevention and correction of physical defects, etc.; 
and he shall keep an accurate daily record of the work he does 
under the provisions of this act and make weekly, monthly or 
quarterly reports giving such information as may 6e called for 
by blanks to be furnished by and returned to both the county 
board of education and the State Superintendent of Public In- 
struction; and if the county health officer should neglect for a 
period of ninety days to carry out the spirit of this act, unless 
his entire time should be required to fight an epidemic of some 
contagious or infectious disease, the county board of education 
may in its discretion withdraw its financial aid in his employ- 
ment. 
1913, c. 149. 

SUGGESTIONS ON APPORTIONING SCHOOL FUND. 

1. Determine first of all what the total school fund is, including 
the county's per capita apportionment from the State appropria- 
tion of $250,000. 

2. Next reserve the contingent fund to pay the salary and ex- 
penses of the county superintendent, and the mileage, per diem 
and expenses of the county board, and the expenses of the county 
institute. 

3. Reserve, if necessary, what may be needed for building, ob- 
serving that the amount for this purpose is limited according to 
the amount of the total fund. 

4. After fixing the monthly salary of each teacher of each 
school of each race and the allowance to each school for inci- 
dental expenses, apportion the balance so as to give the same 
length of school term to each school of each race or as nearly as 
may be. 

5. Having ascertained the balance available for apportionment 
for teachers' salaries and incidental expenses, proceed as follows 
to ascertain the amount to be apportioned to each district for 
each race to secure the same length of school term in each as 
required by law: 

(a) Ascertain the aggregate monthly salaries of all teachers, 
white and colored, as fixed, and the aggregate monthly allowance 
for incidental expenses for all schools of the county. 

(5) These two amounts added will give the total cost per month 
of all schools. 

(c) Divide the balance available for apportionment by this 
sum, and it will give the length of the term in months of each 
school. 

(d) Multiply the monthly expense of each district for salary of 
teacher or teachers and incidental expenses by the quotient so 
obtained and the product will be the amount to be apportioned 
to each district. 



54 



4117. Apportionment, basis of. The semiannual apportionment 
of public school money shall be based upon the amounts actually 
received by the county treasurer from all sources and reported by 
him to the county board of education, as required by this chapter. 

1901, c. 4, s. 25. 

4118. Fiscal school yeak. The fiscal school year shall begin 
on the first day of July and close on the thirtieth day of June 
next succeeding. 

1901, c. 4, s. 67. 

VIII. THE POWERS AJO) DUTIES OF THE COUNTY BOARD 
OF EDUCATION. 

Summary. — The county boaed is composed of three members 

APPOINTED BY THE GENERAL ASSEMBLY. CORPORATE POWERS AS TO AC- 
QUIRING, HOLDING AND DISPOSING OF SCHOOL PROPERTY ARE CON- 
FERRED ON THIS BOARD, AND IT HAS ADDITIONAL POWER TO MAKE 
REGULATIONS GOVERNING THE ATTENDANCE OF PUPILS ON THE SCHOOLS 
AND OF TEACHERS ON EDUCATIONAL MEETINGS. THIS BOARD ALSO 
CONTROLS THE TIME THE SCHOOLS MAY BE IN SESSION, THE BUILDING 
AND REPAIR OF ALL SCHOOLHOUSES, AND MAY CREATE OB ABOLISH OR 
CONSOLIDATE SCHOOL DISTRICTS. In ADDITION TO THE EXERCISE OF 
THE USUAL CORPORATE POWERS, THIS BOARD MAY CONDEMN LAND FOR 
SCHOOL SITES AND MAY PUNISH FOR CONTEMPT. ALL NECESSARY 
POWER TO ENFORCE THE SCHOOL LAW IS CONFERRED ON THIS BOARD, 
WITH EXPLICIT POWER TO REMOVE THE COUNTY SUPERINTENDENT UPON 
THE COMPLAINT OF THE StATE SUPERINTENDENT, AND TO REMOVE ANY 
TEACHER FOR IMMORAL CONDUCT. 

4119. Election of; vacancies in, how filled. The General As- 
sembly of one thousand nine hundred and nine shall appoint three 
men in each county, who shall constitute the county board of edu- 
cation — one for a term of office of two years, one for a term of 
office of four years and one for a term of office of six years. The 
term of office of each shall begin on the first Monday in July next 
succeeding his appointment. Each succeeding General Assembly, 
at its regular session, shall appoint one member of the county 
board of education in place of the member whose term of office 
expires on the first Monday in July next succeeding that meeting 
of the General Assembly, and his term of office shall continue for 
six years from the first Monday in July next succeeding his ap- 
pointment and until his successor is duly appointed and qualified: 
Provided, that the provisions of this section shall not apply to 
those counties in which the county boards of education were, at 
the general election of nineteen hundred and eight, elected by a 
vote of the people. No person shall be eligible as a member of the 
county board of education who is not known to be a man of intelli- 
gence, of good moral character, of good business qualifications, and 
heartily in favor of public education. In case of a vacancy in 
the county board of education, by death, resignation, or otherwise, 
such vacancy shall be filled by the remaining members of such 



55 

county board until the next General Assembly meets and acts: 
Provided, that this act shall not apply to vacancies heretofore 
fill:d under this section; but if such vacancy should remain un- 
filled for thirty days after it occurs, it shall be filled by the State 
Board of Education. Upon failure of the General Assembly to 
appoint one or more members of the county board of education 
for any county as herein provided, such failure shall constitute 
a vacancy, which shall be filled by the State Board of Education: 
Provided, that no person, while actually engaged in teaching in 
the public schools, shall be eligible as a member of the county 
board of education. 

1901, c. 4, s. 12; 1903, c. 269, c. 439, s. 3; 1905, c. 533, s. 3; 1909, 
c. 435; 1913, c. 149. 

4120. Qualification of membeks; failure to qualify; vacancy. 
Those persons who shall be appointed members of the county 
board of education by the General Assembly must qualify by 
taking the oath of office on or before the first Monday in July 
next succeeding their appointment. A failure to qualify within 
that time shall constitute a vacancy, which shall be filled by the 
State Board of Education. Those persons who shall be elected 
or appointed to fill a vacancy must qualify within thirty days 
after notification thereof. A failure to qualify within that time 
shall constitute a vacancy, to be filled by the board which made 
such election or appointment. 

4121. Incorporated; powers and duties of. The county board 
of education shall be a body corporate by the name and style of 

the County Board of Education of County, and by 

that name shall be capable of purchasing and holding real and 
personal estate, of building and repairing schoolhouses, of selling 
and transferring the same for school purposes, and of prosecuting 
and defending suits for or against the corporation. It shall have 
power and authority, and it shall be its duty, to institute and 
prosecute any and all actions, suits or proceedings against any 
and all officers, persons or corporations, or their sureties, for the 
recovery, preservation and application of all moneys or property 
which may be due to or should be applied to the support and main- 
tenance of the schools, except in case of a breach of his bond by 
the treasurer of the county school fund, in which ease action 
shall be brought by the county commissioners as is hereinafter 
provided. 

1901, c. 4, s. 13; 1903, c. 435, s. 4. 

4122. Rules and regulations for schools, teachers and 
PUPILS. The county board of education shall have power and 
authority to fix and determine the method of conducting the 
public schools in their respective counties, so as to furnish the 
most advantageous method of education available to the chil- 
dren attending the public schools in the several counties of the 
State; and such board and the county superintendent of public 
instruction shall have full power to make all just and needful 



56 

rules and regulations governing the conduct of teachers and pupils 
as to attendance on the schools, discipline, tardiness, and the gen- 
eral government of the schools. 
1903, c. 435, s. 4. 

[Under the provisions of this section the county hoard and the 
county superintendent may make and enforce such attendance 
regulations as may be necessary to secure regular and prompt 
attendance on the part of the children. The same authority may 
also regulate the attendance of teachers on all meetings which 
may be thought to promote educational progress.} 

4123. Time of opening and closing schools. The time of open- 
ing and closing the public schools in the several public school dis- 
tricts of the State shall be fixed and determined by the county 
board of education in their respective counties. The board may 
fix different dates for opening the schools in different townships, 
but all the schools of each township must open on the same date, 
as nearly as practicable, 

1903, c. 435, s. 4. 

[This section simply means that the school term must not be 
divided and taught during different seasons of the year unless 
some epidemic or other providential cause interferes with the 
regular term. The county board must exercise this control if it 
would carry out the provisions of section 4II6.] 

4124. SCHOOLHOUSES, BUILDING AND APPROVAL OF; CONTKACTS FOR. 

The building of all new schoolhouses shall be under the control 
and direction of and by contract with the county board of educa- 
tion. The board shall pay not exceeding one-half of the cost of 
the same out of the fund set aside for building, under section four 
thousand one hundred and sixteen, and the school district in 
which any schoolhouse is erected shall pay the other part, and 
upon failure of such district to provide its part by private sub- 
scription, or otherwise, the board is directed to take it out of the 
apportionment to that district; but the board shall not be author- 
ized to invest any money in any new house that is not built in 
accordance with plans approved by the State Superintendent of 
Public Instruction. All contracts for buildings shall be in writing, 
and all buildings shall be inspected, received and approved by 
the county superintendent of public instruction before full pay- 
ment is made therefor. 
1903, c. 435, s. 4. 

[This means that the county board, out of the building fund 
which it may reserve by the provisions of section Ifll6, shall pay 
not exceeding one-half the cost of building any new schoolhouse, 
the other part of the expense to be borne by the district; but the 
board has complete control of the whole subject, and may forbid 
the erection of a school house in a district which ought not to ex- 
ist. It must be remembered that no house can be built except in 
accordance with plans approved by the State Superintendent, and 
the county board is charged with the duty of carrying into effect 



57 

this provision to secure neat, comfortable and attractive houses. 
Pamphlets containing plans of such houses as will be approved 
by the State Superintendent, together with specifications, esti- 
mates of cost and bills for material, will be furnished by the State 
Superintendent on application.'] 

4126. Power of, to execute school law. In addition to all 
other duties and powers imposed and conferred upon it by law, 
the county board of education shall have general control and 
supervision of all matters pertaining to the public schools in their 
respective counties, and are given the powers to execute and are 
charged with the due execution of the school laws in their respec- 
tive counties; and all powers and duties conferred and imposed 
by this chapter and others laws of the State respecting public 
schools which are not expressly conferred and imposed upon some 
other official are conferred and imposed upon the county boards 
of education, and an appeal shall lie from all other county school 
officers to such board. 

1901, c. 4, s. 14. 

4126. Removal of county superintendent, members of county 
BOARD AND SCHOOL COMMITTEEMEN. In case the State Superintend- 
ent shall have sufficient evidence at any time that any county 
superintendent of public instruction or any member of the county 
board of education is not capable of discharging or is not dis- 
charging the duties of his office, as required by this chapter, or is 
guilty of immoral or disreputable conduct, he shall report the mat- 
ter to the county board of education, which shall hear evidence in 
the case; and if, after careful investigation, it shall find sufficient 
cause for his removal, it shall declare the office vacant at once and 
proceed to elect his successor. Either party may appeal from the 
decision of the county board of education to the State Board of 
Education, which shall have full power to investigate and review 
the decisions of the county board of education. . This section shall 
not deprive any county superintendent of the right to try his title 
to his office in the courts of the State. In case the county super- 
intendent shall have sufficient evidence at any time that any mem- 
ber of any school committee is not capable of discharging or is not 
discharging the duties of his office, he shall bring the matter to 
the attention of the county board of education, which shall thor- 
oughly investigate the charges, and shall remove such committee- 
man and appoint a successor, if sufficient evidence shall be pro- 
duced to warrant his removal and the best interests of the schools 
demand it. 

1901, c. 4, ss. 10, 42. 

4127. May hold investigations; issue subpoenas; service of 
same; appeal to Superior Court. The county board of education 
shall have power to investigate and pass upon the moral charac- 
ter of any teacher in the public schools of the county, and to dis- 
miss such teacher if found of bad moral character; also to inves- 
tigate and pass upon the moral character of any applicant for a 



58 

teacher's certificate or for employment as teacher in any public 
school in the county. Such investigation shall be made, after 
written notice of not less than ten days, to the person whose char- 
acter is to be investigated. The board shall have power to issue 
subpoenas for the attendance of witnecses. Subpoenas may be 
issued in any and all matters which may lawfully come within 
the powers of the board and which in the discretion of the board 
require investigation; and it shall be the duty of the sheriffs, 
coroners and constables to serve such subpoenas upon payment of 
their lawful fees. Appeals provided for in this chapter shall be 
regulated by rules to be adopted by the board. The Superior 
Courts of the State may review any action of the county board of 
education affecting any one's character or right to teach. 
1901, c. 4, s. 15. 

4128. PowEE TO PUNISH FOR CONTEMPT. The county board of 
education of each county shall have power to punish for contempt 
for any disorderly conduct or disturbance tending to interrupt it 
in the transaction of oflBlcial business. 

1901, c. 4, s. 28. 

4129. School districts, how formed. The county board of edu- 
cation shall divide the townships into convenient school districts, 
as compact in form as practicable. It shall consult the conven- 
ience and necessities of each race in setting the boundaries of the 
school district for each race, and shall establish no new school in 
any township within less than three miles by the nearest traveled 
route of some school already established in said township, nor 
shall it create any school district with less than sixty-five chil- 
dren of school age, unless such district shall contain at least 
twelve square miles or shall be separated by dangerous natural 
barriers from a schoolhouse in the district of which the proposed 
new district is a part. Nothing in this chapter shall prevent the 
board, whenever it shall deem it necessary for the good of the 
public schools, from forming a school district out of portions of 
two or more contiguous townships. School districts may be 
formed out of portions of contiguous counties by agreement and 
consent of the county boards of education of the two counties, and 
in case of the formation of such districts the per capita part of 
the public school money due the children residing in one county 
shall be apportioned 'by the county board of education of that 
county and paid to the treasurer of the other county in which the 
schoolhouse is located, to be placed to the credit of the school dis- 
trict so formed. , 

The county board of education of any county is authorized and 
empowered to change the boundary lines between local tax school 
districts in said county upon satisfactory evidence furnished to 
said board that the convenience and best interests of the resi- 
dents of the districts require such change: Provided, that this 
authority to change boundaries between local tax districts shall 
not have the effect of releasing any taxpayer from the obligation 



59 

of paying his school taxes, but shall be exercised only for trans- 
ferring said taxpayer and his property from one local tax district 
to another in which the same rate of special taxation for schools 
is levied. 

Upon the consolidation of two or more school districts into one 
by the county board of education, the said county board of edu- 
cation is authorized and empowered to make provision for the 
transportation of pupils in said consolidated district that reside 
too far from the schoolhouse to attend without transportation, 
and to pay for the same out of the apportionment to said consoli- 
dated districts: Provided, that the daily cost of transportation 
per pupil shall not exceed the daily cost per pupil of providing a 
separate school in a separate district for said pupils. 

1901, c. 4, s. 29; 1903, c. 435, s. 12; 1905, c. 533, s. 7; 1909, c. 856; 
1911, c. 135. 

4130. May accept donations; may sell school property. The 
county board of education may receive any gift, grant, donation, 
or devise made for the use of any school within its jurisdiction. 
When in the opinion of the board any schoolhouse, schoolhouse 
site or other public school property has become unnecessary for 
public purposes, it may sell the same at public auction, after ad- 
vertisement of twenty days at three public places in the county, 
or at private sale. The deed for the property thus sold shall be 
executed by the chairman and secretary of the board, and the 
proceeds of the sale shall be paid to the treasurer of the county 
school fund. 

1901, c. 4, ss. 30, 36. 

4131. (Substitute for.) School sites may be acquired by gift, 
purchase or condemnation. The county board of education or the 
board of trustees of any incorporated or chartered graded school 
district may receive suitable sites for schoolhouses or school build- 
ings by donation or purchase. In case of purchase, the county board 
of education or any board of trustees aforesaid, shall issue an order 
on its treasurer for the purchase money, and upon payment of the 
order the title to the site shall vest in the corporation in fee 
simple. Whenever the boards above mentioned are unable to 
obtain a suitable site for a school or school building by gift or 
purchase, such board shall report to the county superintendent of 
public instruction, who shall, upon five days notice to the owner 
or owners of the land, apply to the clerk of the Superior Court 
of the county in which the land is situated for the appointment 
of three appraisers, who shall lay off by metes and bounds not 
more than two acres and assesss the value thereof. The same 
means may be used to obtain more land in a district lohere there 
is a house or a site previously obtained, but not more than three 
acres shall be procured, including the site already obtained. 
They shall make a written report of their proceedings, to be 
signed by them, or by a majority of them, to the clerk within five 
days from their appointment, who shall enter the same upon 



60 

records of the court. The appraisers and officers shall serve 
without compensation,. If the report is confirmed by the clerk, 
the chairman and the secretary of the board shall issue an order 
on the treasurer of the county school fund, or, if a graded school 
district, upon the treasurer of the graded school district, in favor 
of the owner of the land thus laid off, and upon the payment or 
offer of payment of this order the title to such land shall vest in 
fee simple in the corporation. Any person aggrieved by the 
action of the appraisers may appeal to the Superior Court in 
term, upon giving bond to secure the board against such costs as 
may be incurred on account of the appeal not being prosecuted 
with effect. 

1901, c. i, s. 31; 1903, c. 435, s. 13; 1905, c. 533, s. 8; 1911, c. 135; 
1913, c. 149. 

[Several acres of land ought always to be secured for the site 
of a rural school, if possible.] 

4132. Deeds to be filed with clerk; secretary to keep index. 
All deeds to the county board of education shall be registered and 
delivered to the clerk of the Superior Court for safe keeping, and 
the secretary of the county board of education shall keep an index, 
by township and school districts, of all such deeds in a book for 
that purpose. 

1901, c. 4, 32; 1903, c. 435, s. 14. 

[This section requires the county superintendent to keep a con- 
venient index of the deeds for all the school property of the 
county.] 

4133. Meetings of; duties at. The county board of education 
shall meet on the first Monday in January, April, July and Octo- 
ber, and may, if necessary, continue in session two days, and it 
may have called meetings, of one day each, as often as once a 
month if the school business of the county require it. It shall, at 
the meetings in January, April, July and October, examine the 
books and vouchers and audit the accounts of the treasurer of the 
county school fund. The boards of education of the several coun- 
ties shall cause to be published annually on the first Monday of 
August in some newspaper published in the county, or at the 
courthouse door if there be no newspaper published therein, or 
in the printed annual school report of said county, an itemized 
statement of all receipts and expenditures of school funds. 

1891, c. 460; 1901, c. 4, s. 27; 1903, c. 435, s. 26; 1905, c. 533, s. 
21; 1911, c. 135; 1913, c. 149. 

4134. Superintendent and treasurer to meet with, in July, 
to settle all business of fiscal year. On the first Monday in 
July the county board of education, county superintendent of pub- 
lic instruction and treasurer shall meet at the office of the board 
and settle all the business of the preceding fiscal year. The board 
shall on that day examine the reports of treasurer and county 



61 

superintendent, and if found correct shall direct them to be for- 
warded to the State Superintendent within thirty days thereafter. 

1901, c. 4, s. 59; 1903, c. 435, s. 20. 

Compensation of members of board. The members of the 
county board of education shall receive two dollars per diem and 
the same mileage as is allowed to the members of the board of 
county commissioners of their counties. 

Revisal of 1905, v. 1, c. 66, s. 2786. 

IX. THE POWERS AND DUTIES OF THE COUNTY 
SUPEEINTENDENT. 

Summary. — The county superintendent is elected for a term 
OF two years by the county board on the first Monday in July. 
He must be a man of liberal education and of good moral char- 
acter, AND MUST also BE A PRACTICAL TEACHER OR HAVE HAD TWO 

years experience in teaching or supervising schools within five 
years immediately preceding his election. during the public 
school term he must visit the public schools, and he can not 
engage in school work which will nullify this requirement. 
The county superintendent is secretary of the county board, 

AND MUST have HIS OFFICE AT THE COUNTY SEAT. He IS REQUIRED TO 
HOLD TOWNSHIP TEACHERS' MEETINGS, SUPERVISE THE WORK OF THE 
TEACHERS, ATTEND THE STATE ASSOCIATION OF CoUNTY SUPERIN- 
TENDENTS, MUST INSTRUCT COMMITTEEMEN AS TO THEIR DUTIES, MUST 
DISTRIBUTE THE BLANK FORMS FURNISHED HIM BY THE STATE SUPER- 
INTENDENT, MUST MAKE REPORTS TO THE STATE SUPERINTENDENT, 
AND HE MUST FURNISH STATISTICS AS TO THE NUMBER OF DEAF AND 
DUMB AND BLIND CHILDREN IN HIS COUNTY IF THE COUNTY SCHOOL 

fund exceeds $15,000 annually, he may be paid such salary as 
the county board may fix; otherwise, his salary may be fixed 
at four per cent of the disbursements of the school fund, or 
it may be fixed at not less than $3 a day for the time actually 
employed. no voucher in the hands of the treasurer of the 
school fund is a valid voucher unless signed by the county 
superintendent. under certain conditions, the county superin- 
tendent has charge of the examination and certification of 
teachers. under section 4161, he must meet with committee- 
men for election of teachers, and such election must have 
his approval. 

4135. Election, qualification and term of office; vacancy. 
The county board of education, on the first Monday in July, one 
thousand nine hundred and five, and biennially thereafter, shall 
elect a county superintendent of public instruction, who shall be 
at the time of his election a practical teacher, or who shall have 
had at least two years' experience in teaching or supervising 
schools loithin five years immediately preceding his election, and 
who also shall be a man of liberal education, and shall otherwise 
be qualified to discharge the duties of his office as required by law, 
due regard being given to experience in teaching. Such superin- 
tendent must be of good moral character, and shall hold his office 



62 

for a term of two years from the date of his election and until his 
successor is elected and qualified. Any person who has filled the 
office of county superintendent for four years next preceding the 
eleventh day of March, one thousand nine hundred and one, shall 
be eligible to such office in Bertie and Bladen and Columbus coun- 
ties, if the election of such person meets the approval of the State 
Board of Education. In case of vacancy, by death, resignation or 
otherwise, in the office of county superintendent, such vacancy 
shall be filled by the county board of education: Provided, that 
any county whose total school fund does not exceed fifteen thou- 
sand dollars may unite with any adjoining county and by agree- 
ment between the county boards of education of two counties, 
meeting in joint session, may employ a county superintendent 
who shall devote his entire time to supervising impartially the 
educational work of the counties thus employing him. The agree- 
ment between the two county boards thus jointly employing one 
county superintendent, as to the apportionment of his salary and 
expenses, the division of his time and all other essential details, 
shall be recorded in the minutes of the board of education of each 
county. 

The county superintendent of public instruction shall have au- 
thority to administer oaths to teachers and all subordinate school 
officials where an oath is required of the same. 

1901, c. 4, s. 16; 1903, c. 435, s. 5; 1911, c. 135; 1913, c. 149. 

[The county superintendent's office is the most important office 
in the county. He need not be a resident of the county when 
elected. If possible, he should be paid large enough salary to en- 
able him to devote all his time to his work.] 

4136. Repoet of election of, to State Superintendent. Imme 
diately after the election of the county superintendent of public 
instruction the chairman of the county board of education shall 
report to the State Superintendent of Public Instruction the name, 
address, experience and qualifications of the person elected; and 
the person elected shall report to the State Superintendent, as 
soon as he shall have qualified, the date of such qualification. 

1901, c. 4, s. 16; 1903, c. 435, s. 5. 

4137. Districts in cities and towns may jointly employ. By 
and with the consent of the county board of education, the school 
committees of two or more contiguous districts in any city or 
town may, by a majority vote of the committee in each district, 
employ a practical teacher, who shall be known as the superin- 
tendent of the public schools of such districts, and he shall per- 
form all the duties of the county superintendent of public instruc- 
tion as to such districts, and shall make to the county superin- 
tendent all reports that may be necessary to enable him to make 
his reports to the State Superintendent. 

1889, c. 199, s. 47; 1901, c. 4, s. 74. 

4138. Not to teach school; to reside in the county. Every 
county superintendent shall reside in the county of which he is 



63 

superintendent. It shall not be lawful for any county superin- 
tendent to teach a school while the public schools of his county 
are in session; but the State Board of Education may, for good 
and suflBcient reason, permit a county superintendent to so teach. 
1901, c. 4, s. 44. 

4139. Ex OFFICIO SECEETAKY TO THE BOARD ) RECORDS TO BE KEPT. 

The county superintendent of public instruction shall be ex officio 
the secretary of the county board of education. He shall record 
all proceedings of the board, issue all notices and orders that may 
be made by the board pertaining to the public schools, school- 
houses, sites or districts (which notices or orders it shall be the 
duty of the secretary to serve by mail or by personal delivery, 
without cost), and record all school statistics, look after all for- 
feitures, fines and penalties, see that the same are placed to the 
credit of the school fund, and report the same to the board. The 
board shall provide the county superintendent with an office at 
the county seat, in the county courthouse if possible, and with a 
suitable book in which to keep the records required by this sec- 
tion. The records of the board and the county superintendent 
shall be kept in the office provided for that purpose by the board. 
1901, c. 4, s. 36. 

[It is very important to keep full and accurate records and to 
look closely after the proper disposition of all fines, forfeitures 
and penalties. An account book mil be furnished on application 
to the State Superintendent. The superintendent should report to 
the solicitor all failures to apply the moneys from fines, etc., to 
their proper purpose.] 

4140. To HOLD teachers' MEETINGS. The county superintendent 
shall each year hold not less than one teachers' meeting in each 
township, which the teachers shall be required to attend. If nec- 
essary, one school day must be set apart for this purpose. 

1901, c. 4, s. 38; 1903, c. 435, s. 17. 

4141. Must advise and may suspend teachers; must attend 
State and District Associations of Superintendents. It shall be 
the duty of the county superintendent to advise with the teachers 
as to the best methods of instruction and school government, and 
to that end he shall keep himself thoroughly informed as to the 
progress of education in other counties, cities and States. He shall 
have authority to correct abuses, and to this end he may, with the 
concurrence of a majority of the school committee, suspend any 
teacher who may be guilty of any immoral or disreputable con- 
duct or may prove himself incompetent to discharge efficiently the 
duties of a public school teacher or who may be persistently neg- 
lectful of such duties. The county superintendent shall be re- 
quired to visit the public schools of his county while in session, 
and shall inform himself of the condition and needs of the various 
schools within his jurisdiction. Unless providentially hindered, 
he shall attend continuously during its session the annual meet- 
ing of the State Association of County Superintendents, and the 



64 

annual meeting of the District Association of County Superintend- 
ents, and the county board of his county shall pay out of the 
county school fund his traveling expenses, including board, and 
allow him his per diem while attending such meeting; but county 
superintendents employed on salary shall not receive any per 
diem while in attendance on such meeting. 

1901, c. 4, s. 39; 1903, c. 435, s. 18; 1905, c. 533, s. 10; 1911, 
c. 135. 

[It is mandatory that the county superintendent visit the 
schools, and county boards of education must see that the law is 
properly observed.'] 

4142. Must distribute blanks and books and advise commit- 
tees. It shall be the duty of the county superintendent to dis- 
tribute to the various school committees of his county all such 
blanks as may be furnished by the State Superintendent of Public 
Instruction for reports of school statistics of the several districts; 
also blanks for teachers' reports and for orders on the treasurer 
of the county school fund for teachers' salaries. He shall also dis- 
tribute to the school committees school registers for their respec- 
tive districts and necessary record books; he shall advise with 
the committee as to the best methods of gathering the school sta- 
tistics contemplated by such blanks, and by all proper means shall 
seek to have statistics fully and properly reported. 

1901, c. 4, s. 40. 

4143. Must make eepoets to State Supeeintendent. It shall 
be the duty of each county superintendent, on or before the first 
Monday in July of each year, to report to the State Superinten- 
dent of Public Instruction an abstract statement of the number, 
grade, race and sex of the teachers examined and approved by 
him during the year; also the number of public schools taught in 
the county during the year for each race, the number of children 
of school age in each school district, the number enrolled in each 
district, the average daily attendance in each district, by race and 
sex, and the number of all persons in the county between the ages 
of twelve and twenty-one who can not read and write. He shall 
also report, by race and sex, the number of pupils enrolled in all 
the schools, their average attendance, the average length of terms 
of the schools and the average salary for the teachers of each 
race; the number of school districts for each race, and any new 
school districts laid out during the year shall be specified in his 
report. He shall also report the number of public schoolhouses 
and the value of the public school property for each race, the num- 
ber of teachers' institutes held, the number of teachers attending 
such institutes, together with such suggestions as may occur to 
him promotive of the school interest of the county. He shall 
record in his book an accurate copy of such report. If any county 
superintendent fail or refuse to perform any of the duties required 
of him by this chapter, he shall be subject to removal from his 



65 

office by the county board of education upon the complaint of the 
State Superintendent of Public Instruction. 

1901, c. 4, s. 41. 

[Copies of all reports made should te recorded in the record 
iooTc of the county hoard for future reference. It loould he well 
to record, also, the treasurer's report.] 

4144. To EEPOET AS TO DEAF AND DUMB AND BLIND CHILDREN. It 

shall be the duty of the county superintendent to require of the 
school committees, in enumerating the number of school children, 
to make a statement in the report of the number of deaf and 
dumb and blind between the ages of six and twenty-one years, 
designating the race and sex, and the address of the parent or 
guardian of such children; and the county superintendents are 
hereby required to furnish such information to the principals of 
the deaf and dumb and blind institutions; and the Superintendent 
of Public Instruction, in preparing blanks for reports required to 
be made to him, shall include questions the answers to which will 
furnish the information required by this section. 

1901, c. 4, s. 43. 

Salary of county superintendent. The salary of the county 
superintendent of schools shall be fixed by the county board of 
education. It shall not be less than three dollars per day while 
engaged in the service of the public schools. The county board 
of education may fix an annual salary not to exceed four per cent 
of the disbursements for schools under his supervision. The 
county board of education of any county whose total school fund 
exceeds fifteen thousand dollars may employ a county superin- 
tendent, for all of his time, at such salary as may be fixed by 
said board. 

Revisal of 1905, v. I, c. 66, s. 2782. 

X. THE POWERS AND DUTIES OF THE SCHOOL 
COMMITTEE. 

Summary. — The school committee is composed of three per- 
sons, appointed by the county board on the first Monday in 
July, fob a term of two years. These may be township or dis- 
trict committeemen, as the county board may determine. Each 
school committee must elect a chairman and a secretary, and 
keep an accurte record of all its proceedings, and control and 
care for the public school property in the public interest. the 
committee is also charged with ascertaining the number of deaf 
and dumb and blind children, as well as the number of illiter- 
ATE CHILDREN, BETWEEN THE AGES OF TWELVE AND TWENTY-ONE. ThE 
SCHOOL COMMITTEE CAN NOT EXPEND ANY MONEY APPORTIONED FOR IN- 
CIDENTAL EXPENSES WITHOUT THE CONSENT OF THE COUNTY BOARD; 
AND THEY MUST KEEP AN ACCURATE RECORD OF THE EMPLOYMENT OF 
TEACHERS AND OF ANY SPECIAL FUNDS DISBURSED BY THEM. THEY 

. 3 



66 



at;e prohibited from oveedkawing the amount apportioned for 
teachers' salaries, and from making a contract beyond their 
term of office. contracts with private schools may be made, 
by which the public school may be taught in connection with 
such schools. no money for district expenses of any kind or 
for the salaries of teachers may be paid by the county treas- 
urer except on an order signed by a majority of the committee. 
4145. Qualifications and election of; care taken of school- 
houses. The county board of education of each county shall, on 
the first Monday in July, one thousand nine hundred and 
thirteen, appoint in each of the townships of the county three in- 
telligent men of good business qualifications who are known to 
he in favor of public education, who shall serve as follows: one 
for three years, one for tico years, and one for one year from the 
date of their appointment as school committeemen in their re- 
spective townships and until their successors are elected and 
qualified. On the first Monday in July of each succeeding year, 
the board of education shall appoint one member of the school 
committee in place of the member whose term of office has just ex- 
pired, and who shall continue in office for a period of three years 
and until his successor is duly appointed and qualified. If a 
vacancy shall occur at any time, by death, resignation or other- 
wise, it shall be the duty of the county board of education to 
fill such vacancy. Such board shall have the power to pay out of 
the reserve school fund to each member of the township committee 
thus appointed one dollar per day for not more than four days 
per annum. Such township committee must take the census in 
their township by districts, and shall be paid for taking the same 
at the rate of two cents per name, and may be paid each one 
dollar per day for not exceeding four days each year for such 
additional services as may be rendered by the committee in the 
discharge of their legal duties. Every township committee shall 
appoint one man in each school district in the township to look 
after the schoolhouse and property and advise with the com- 
mittee. The county board of education in each county may, if it 
deem best, on the first Monday in July, 1913, instead of electing 
township committeemen, elect for each school of the several town- 
ships three school committeemen of intelligence and good busi- 
ness qualifications who are known to be in favor of public edu- 
cation, who shall serve as follows: one for three years, one for 
ttoo years, and one for one year from the date of their appoint- 
ment as committeemen and until their successors are appointed 
and qualified. And the board of education shall, on the first 
Monday of July of each succeeding year, appoint one mCTnber of 
the school committee in place of the member whose term of office 
has just expired and who shall continue in office for a term of 
three years and until his successor is duly appointed and quali- 
fied. If a vacancy should occur at any time, by death, resigna- 
tion or otherwise, it shall be the duty of the county board of edu- 



67 

cation to fill such vacancy; and in case such school committee- 
men shall be elected as above, all the powers and duties conferred 
under this chapter on the township committeemen shall vest in 
sutih committeemen of the several schools of the township, who 
shall serve without compensation. 

1901, c. 4, s. 17; 1903, c. 435, s. 6; 1905, c. 533, ss. 17, 18; 1909, 
c. 769; 1913, c. 149. 

[The committee system should be uniform; there should be 
only toivnship committeemen in a county, or only district com- 
mitteemen. Those counties which have adopted the township sys- 
tem -find it much the more satisfactory. This is the experience of 
other States. The general adoption of the township system in this 
State would therefore be greatly desirable.] 

4146. To ELECT CHAIRMAN AND SECRETARY; APPEALS FROM. The 

school committee, as soon as practicable after their election and 
qualification, not to exceed twenty days, shall meet and elect from 
their number a chairman and secretary, and shall keep a record 
of their proceedings in a book to be kept for that purpose. The 
name and address of the chairman and secretary shall be reported 
to the county superintendent of public instruction and recorded 
by him. 

1901, c. 4, s. 18. 

[A record book for committeemen will be supplied by the county 
superintendent.] 

4147. Powers and duties as to school property. The school 
committee shall be entrusted with the care and custody of all 
schoolhouses, schoolhouse sites, grounds, books, apparatus or other 
public school property in the township, with full power to control 
the same, as they may deem best for the interest of the public 
schools and the cause of education. 

1901, c. 4, s. 19. 

4148. Census to be taken; reports; deaf and dumb, blind and 
ILLITERATE TE BE REPORTED. The school Committee is required to 
furnish biennially to the county superintendent a census report of 
all the pupils of school age in their township or district, by name, 
age, sex and race; also the names of their parents or guardians. 
The blanks upon which such reports are to be made shall be fur- 
nished to the various school committees by the county superin- 
tendent on the first Monday in June of the year in which the 
census is required, which report shall be duly sworn to by each 
one of the committee and returned to the county superintendent 
on or before the first Monday in July of the year in which the 
census is required, and any committee failing to comply with the 
provisions of this section without just cause shall be subject to 
removal. The school committee shall be allowed a sum not ex- 
ceeding two cents per name for all names reported between the 
ages of six and twenty-one. The committee shall also report to 
the county superintendent, who shall in turn report to the county 
board of education, the number of public schoolhouses and the 



68 

value of all public school property for each race separately, and 
furnish to the teacher at the opening of the school a complete 
copy of the census furnished to the county superintendent, which 
shall be recorded by a teacher in a register containing the name 
and age of each pupil of school age in that district. They shall 
also report, by race and sex, the number of all persons between 
the ages of twelve and twenty-one who can not read and write, 
and the number of deaf and dumb and blind between the ages of 
six and twenty-one years, designating the race and sex, and the 
address of the parents or guardians of such children. 

1901, c. 4, ss. 20, 43; 1901, e. 3, s. 1; 1903, c. 435, s. 7; 1911, c. 135. 

Section 5 of chapter 113 of the Laws of WIS, The Compulsory 
Attendance Law, requires the attendance officer lohen appointed 
under said act to perform all the duties as to the census herein 
required of the school committee. 

4149. To KEEP A RECORD OF RECEIPTS AND EXPENDITURES; PUR- 
CHASE SUPPLIES. The school committee for each township or dis- 
trict shall keep a book in which shall be recorded an itemized 
statement of all moneys apportioned to, received and expended 
by them for each school, and a copy of all contracts made by 
them with teachers. The committee shall have authority to pur- 
chase the supplies necessary for conducting the schools and for 
repairs, to an amount not to exceed in the aggregate the sum of 
twenty-five dollars in any one year for each school; but nothing 
in this section shall be so construed as to give school committees 
the right to make expenditures without the order of the county 
board. 

1901, c. 4, ss. 21, 35; 1905, c. 533, s. 19. 

[The county superintendent should furnish the committeemen 
a record book to Tceep their accounts.'] 

4150. Must not overdraw. No committee shall give an order 
unless the money to pay it is actually to the credit of the district, 
and no part of the school fund for one year shall be used to pay 
school claims for any previous year. 

1901, c. 4, s. 34; 1903, c. 435, s. 16. 

4151. Private schools, committee may contract with; effect. 
In any school district where there may be a private school regu- 
larly conducted for at least six months in the year, unless such 
private school is a sectarian or denominational school, the school 
committee may contract with the teacher of such private school 
to give instruction to all pupils between the ages of six and 
twenty-one years in the branches of learning taught in the public 
schools, as prescribed in this chapter, without charge and free of 
tuition; and such school committee may pay such teacher for 
such service out of the public school fund apportioned to the dis- 
trict, and the agreement as to such pay shall be arranged between 
the committee and teacher. Every teacher of the public school 
branches in such school shall obtain a first grade certificate before 
beginning his or her work, and shall from time to time make 



69 



such reports as are required of other teachers under this chap 
ter. The county superintendents of public instruction shall have 
the same authority in respect to the employment and dismissal 
of teachers under this section, and in every other respect, as is 
conferred in other sections of this chapter; and all contracts 
made under this section shall designate the minimum length of 
the public school term, which shall not be less than the average 
length of the public school term of the county of the preceding 
year. The amount paid such private school for each pupil in the 
public school branches, based on the average daily attendance, 
shall not exceed the regular tuition rates in such school for such 
branches of study. Every school to which aid shall be given 
under this chapter shall be a public school, to which all children 
living within the district between the ages of six and twenty-one 
years shall be admitted free of charge for tuition: Provided, 
that in case of contract with the teacher of a private school, under 
this section, tuition may be charged for instruction in higher 
branches of study not mentioned in section four thousand and 
eighty-seven, if the apportionment of funds for the public school of 
the district would in the opinion of the county board of education 
be insufficient to provide instruction in these higher branches of 
study if the public school were taught separately. The committee 
may admit pay students over twenty-one years of age. 
1901, c. 4, ss. 33, 65; 1903, c. 435, s. 15; 1905, c. 533, s. 12. 

XI. THE TREASURER OF THE SCHOOL FUND. 

Summary. — The county teeasueer is teeasueer of the school 

FUND, AND HE MUST GIVE A SEPARATE BOND FOR THE FAITHFUL DIS- 
CHARGE OF HIS DUTIES. He IS ALSO REQUIRED TO KEEP AN ITEMIZED 
RECORD OF HIS RECEIPTS AND DISBURSEMENTS OF THE SCHOOL FUND, 
AND TO PAY NO ORDER FOR MONEY UNLESS PROPERLY SIGNED BY THE 
COMMITTEE AND COUNTY SUPERINTENDENT. THE TREASURER IS ALSO 
REQUIRED TO BE IN HIS OFFICE ON THE LAST SATURDAY OF EACH 
MONTH, AND TO KEEP AN ACCOUNT WITH EACH TOWNSHIP AND SCHOOL 

DISTRICT. Annually he must report to the State Superintend- 
ent AND TO the county BOARD, SETTING FORTH ALL THE MONEY 

transactions of the year. the county board may require re- 
ports oftener than once a year. failure to make proper re- 
ports constitutes a misdemeanor. the compensation of the 
treasurer is to be fixed by the county board, not to exceed two 
pee cent of his disbursements. 

4152. County treasurer made treasurer of school fund; bond. 
The county treasurer of each county shall receive and disburse all 
public school funds, and shall keep the same separate and distinct 
from all other funds; but before entering upon the duties of 
Lis office he shall execute a justified bond, with security, in an 
amount to be fixed by the board of county commissioners, not 
less than the moneys received by him or by his predecessor during 
the previous year, conditioned for the faithful performance of his 



70 

duties as treasurer of the county school fund, and for the pay- 
ment over to his successor in office of any balance of school moneys 
that may he in his hands unexpended. The bond of the treasurer 
of the county school fund shall be a separate bond, not including 
liabilities for other funds, and shall be £ipproved by the board of 
county commissioners, and that board may from time to time, if 
necessary, require him to strengthen his bond. 

Compensation of cotJNTY treasurer for receiving and dis- 
bursing SCHOOL FUNDS. (Rev. 1905, sec. 2778.) The county treas- 
urer shall receive as compensation in full for all services required 
of him such a sum, not exceeding one-half of one per cent on 
moneys received and not exceeding two and a half per cent on 
moneys disbursed by him, as the board of county commissioners 
of the county may allow. As treasurer of the county school 
fund he shall receive such sum as the board of education may 
allow him, not exceeding two per cent on disbursements: Pro- 
vided, that said treasurer shall be alloived no commission or 
compensation for receipts and disbursements of any loan or 
loans made to the county by the State Board of Education under 
section four thousand and fifty-three of The Revisal of one 
thousand nine hundred and five: Provided, that in counties 
where his compensation can not exceed the sum of two hun- 
dred and fifty dollars the said treasurer may be allowed a sum 
not exceeding two and a half per cent on his receipts and his 
disbursements: Provided further, that the County Treasurer of 
Buncombe County shall receive as compensation in full for all 
services required of him seventeen hundred and fifty dollars per 
annum, paid pro rata from the county fund and the school fund. 
The County Treasurer of Gaston County shall receive as com- 
pensation in full for all services required of him a yearly salary 
not exceeding twelve hundred dollars, to be fixed by the com- 
missioners of said county. The County Treasurer of Mecklen- 
burg County shall receive as compensation in full for all services 
required of him a yearly salary not exceeding twenty-seven hun- 
dred and fifty dollars, to be fixed by the commissioners of said 
county; said salaries to be in lieu of all commissions allowed by 
law. The Treasurer of Martin County shall receive as his com- 
missions two and one-half per cent on all money received by him 
as general county fund and two and one-half per cent on all 
money disbursed by him as general county fund. Commissions 
on school fund shall remain as already provided by law. 

1901, c. 4, ss. 46, 47; Revisal 1905, c. 66, s. 2778; 1913, c. 149. 

4153. Bond, action on. The board of county commissioners 
shall bring action in the name of the State upon the relation of 
such board for any breach of the bond of the treasurer of the 
county school fund, and on its failure to bring such action it may 
be brought in the name of the State on the relation of any tax- 
payer. 

1901, c. 4, s. 47. 



71 

4154. To KEEP DETAILED ACCOUNT OF RECEIPTS; TO ACCEPT MONEY 

ONLY. The treasurer of the county school fund shall keep a book 
in which shall be entered a full and detailed account of all public 
school moneys received by him, the name of each person paying 
him school money, the source from which the same may have been 
derived, and the date of such payment. In his settlement with 
the sheriff or other collecting officer of public school funds the 
treasurer shall receive money only. 
1901, c. 4, s. 52. 

4155. To PAY ONLY SUCH ORDERS AS ALLOWED HEREIN. Evcry 

order for the payment of a teacher's salary, for building, repairs, 
school furnishing or for the payment of money for any purpose 
whatsoever, before it shall be a valid voucher for the county 
treasurer, shall be signed first by at least two members of the 
school committee, then by the county superintendent. No order 
shall be signed by the county superintendent for more money 
than is to the credit of that district for the fiscal year, nor shall 
he endorse the order of any teacher who does not produce a cer- 
tificate as required by law. The treasurer shall not pay any 
school money for building or repairing any schoolhouse unless 
the site on which it is located has been donated to or purchased 
by the county board of education and the deed for the same 
regularly executed and delivered to such board and probated and 
registered in the office of the register of deeds for the county 
and delivered to the clerk of the Superior Court, to be by him 
safely deposited with his valuable official papers and surrendered 
to his successor in office. 
1901, c. 4, s. 48. 

4156. To BE AT HIS OFFICE ON LAST SATURDAY IN MONTH. The 

treasurer of the county school fund shall, on the last Saturday 
of each month, attend at his office for the purpose of paying 
school orders, but this shall not prevent the payment of orders 
at other times. 
1901, c. 4. s. 58. 

4157. To KEEP AN ACCOUNT WITH EACH TOWNSHIP AND DISTRICT; 

ANNUAL REPORT OF BALANCES. It shall be the duty of the treasurer 
of the county school fund to keep a book in which he shall open 
an account with each township in the county, showing the amount 
apportioned to such township by the county board of education. 
He shall also open an account with each school district, showing 
the amount apportioned to such district. He shall record all pay- 
ments of school money, giving the date, the amount, the person 
to whom paid and for what purposes paid. He shall balance the 
account of each township and district annually on the thirtieth 
of June, and shall report by letter or printed circular, within ten 
days thereafter, such balances to the county board of education 
and to the school committee. 
1901, c. 4. s. 49. 



72 

4158. To REPORT ANNUALLY TO StATE SUPERINTENDENT AND TO 

COUNTY BOARD. The treasurer of any county, town or city school 
fund shall report to the State Superintendent of Public Instruc- 
tion on the first Monday of August of each year the entire amount 
of money received and disbursed by him during the preceding 
school year, designating by items the amounts received, respec- 
tively, from property tax, poll tax, liquor licenses, fines, forfei- 
tures and penalties, auctioneers, estrays, from State Treasurer 
and from other sources. He shall also designate by item the 
sum paid to teachers of each race, respectively, for schoolhouses, 
school sites in the several districts, and for all other purposes, 
specifically and in detail, by item, and on the same date he shall 
file a duplicate of such report in the office of the county board of 
education. He shall make such other reports as the county board 
of education of the county may require from time to time. When- 
ever the sheriff or other collecting officer pays over money to the 
treasurer of the school fund he shall designate the items as indi- 
cated in this section, and these items shall be stated in the 
receipts given by the treasurer. 
1901, c. 4, ss. 51, 56; 1913, c. 149. 

4159. Duties on expiration of his term. Each treasurer of 
the county school fund, in going out of office, shall deposit in the 
office of the board of education of his county his books in which 
are kept his school accounts, and all records and blanks pertain- 
ing to his office. If the term of office of any treasurer shall expire 
on the thirtieth day of November during any fiscal school year, 
or if for any reason he shall hold office beyond the thirtieth day 
of November and not for the whole of the current fiscal school 
year, he shall at the time he goes out of office file with the county 
board of education and with his successor a report, itemized, as 
required by the next preceding section, covering the receipts and 
disbursements for that part of the fiscal school year from the 
thirtieth of June preceding to the time at which he turns over 
the office to his successor, and his successor shall include in his 
report to the State Superintendent the receipts and disbursements 
for the current fiscal year. 

1901, c. 4, ss. 57, 58. 

4160. To EXHIBIT BOOKS, VOUCHERS AND MONEY TO COUNTY BOARD. 

The treasurer of the county school fund shall, when required by 
the county board of education, produce his books and vouchers 
for examination, and shall also exhibit all moneys due the public 
school fund of the county at such settlement required by this 
chapter. 

1901, c. 4, s. 50. 

Treasurer FAILING to report. (Rev. 1905, sec. 3839.) If any 
treasurer of the county, toivn or city school fund shall fail to 
make reports required of him at the time and in the manner 
prescribed, or to perform any other duties required of him by 
law, he shall be guilty of a misdemeanor and be fined not less 



73 

than fifty dollars and not more than two hundred dollars or im- 
prisoned not less than thirty days nor more than six months, in 
the discretion of the court. 

Revisal of 1905, v. I, c. 81, s. 3839; 1913, c. 149. 

XII. PKIYILEGES AND DUTIES OF TEACHERS. 

Summary. — All teachers abe employed by the school com- 
mittee, BUT CAN NOT BE DISMISSED EXCEPT FOR CAUSE. AFTER WRIT- 
ten charges have been preferred and an investigation held. no 
contract is legal unless it v(fas entered into with the com- 
mittee at a regularly called meeting, and unless the con- 
tract does not extend beyond the term of office of the com- 
mittee, and unless the compensation which the contract' 
names is within the salary limit prescribed by the county 
board for the particular school contracted for. there are 
three kinds of certificates — the ordinary certificate of three 
grades granted by the county superintendent; the five-year 
State certificate, with a minimum salary of $35 per month to 
the holder, and the high school certificate, with a minimum 

SALARY OF $40 PER MONTH TO THE HOLDER. ThE StATE AND THE 

high-school certificates are granted by the state board of 
Examiners. The first-grade certificate given by the county 
superintendent entitles the holder to teach fob two years; 
the second-grade certificate entitles the holder to teach one 
year and limits the holder's salary to $35 per month. hold- 
ers of third-grade certificates can be employed only as assist- 
ANTS. All TEACHERS MUST BE 18 YEARS OF AGE. No DIPLOMA OF 
ANY COLLEGE OR NORMAL SCHOOL GIVES ITS HOLDER THE RIGHT TO- 

TEACH. Every teacher must keep ceetain becobds and make 
certain reports before he can collect his salary, as well as 
encourage morality and good order and maintain discipline. 
Every teacher is required once every two years to attend the 

COUNTY institute, IF HELD. IMMORAL AND WILLFULLY DISOBEDIENT 
PUPILS MAY BE DISMISSED BY THE TEACHER. THEEE IS NO BEGULA.- 

tion foebidding corporal punishment. 

4161. School committee to employ and dismiss teachers; no- 
tice; CONTRACTS. The school committee shall have authority to^ 
employ and dismiss teachers, but no teacher shall be dismissed 
until charges shall have been filed in writing with the county 
superintendent, and after a hearing shall have been had before the 
committee of the district in which such teacher is teacing, after 
two days notice to such teacher. The committee shall meet at 
convenient times and places for the employment of teachers for 
the public schools, and no teacher shall be employed by any com- 
mittee except at a regularly called meeting of such committee^ 
due notice of such meeting having been given at three public 
places by the committee. The county hoard of education of each 
county shall fix annually a day and place in each township for 
the meeting of the township or district committeemen of said 



74 

townships, who shall, in conference with the county superin- 
tendent, with whom application must have previously heen filed 
"by all applicants, select the teachers for their respective schools, 
except for rural puMic high schools: Provided, that no election 
of any teacher of any assistant teacher shall be deemed valid 
until such election has been approved by the county superintend- 
ent; and no voucher for the salary of a teacher of any school 
shall be signed by any county superintendent unless a copy of 
such teacher's contract has been filed with him as herein pro- 
vided, and unless he shall have received satisfactory evidence that 
such teacher has been elected in strict accordance with this sec- 
tion. No contract for teachers' salaries shall be made during any 
year to extend beyond the term of office of the committee, nor for 
more money than accrues to the credit of the district for the 
fiscal year during which the contract is made. 

1901, c. 4, ss. 20, 22, 34; 1901, c. 3, s. 1; 1903, c. 435, ss. 7, 16; 
1913, c. 149. 

4162. Examination; proficiency; grades. On the second Thurs- 
day of July and October of every year the county superintendent 
of schools of each county shall publicly examine all applicants of 
good moral character for teachers' certificates on all subjects re- 
quired to be taught in the public schools, and also on the theory 
and practice of teaching; and the county superintendent may con- 
tinue the examination from day to day, if necessary, until all 
applicants have been examined; and, with the approval of the 
county board of education, he may, after giving at least ten days 
notice, hold public examinations on two other dates during the 
year. All examinations of teachers shall be held at the county 
courthouse, but for the convenience of teachers the county super- 
intendent may designate another place: Provided, due notice of 
the time and the place shall have been given. No private exami- 
nation of applicants for teachers' certificates shall be given by the 
county superintendent unless a reasonable excuse shall be ren- 
dered for failure to attend the public examination; and for every 
private examination each applicant for a certificate shall pay in 
advance to the county superintendent a fee of three dollars, to be 
paid by him to the treasurer of the county school fund, to be 
placed to the credit of the general school fund of the county. A 
general average of ninety per cent and over shall entitle the appli- 
cant to a first-grade certificate; a general average of eighty per 
cent and less than ninety per cent shall entitle the applicant to a 
second-grade certificate, and a general average of seventy per cent 
and less than eighty per cent shall entitle the applicant to a third- 
grade certificate. No certificate shall be valid except in the county 
in which it is issued. First-grade certificates shall be valid for 
two years from date of issue; other grades of certificates shall be 
valid for only one year and shall not be renewed except upon 
examination. The county superintendent may invite competent 
persons to assist in the examination of applicants for certificates. 



75 

and he shall file in his office a copy of all examination questions, 
and also preserve for at least one year the examination papers 
and grades of all applicants for certificates, and upon request of 
the State Superintendent of Public Instruction he shall send all 
examination papers and their gradation and a copy of all exami- 
nation questions to the office of the State Superintendent of Public 
Instruction: Provided, that the State Superintendent of Public 
Instruction, in lieu of the provisions of this section in reference 
to the examination, the gradation and the certification of teach- 
ers, may in his discretion provide for a uniform system of grada- 
tion, examination and certification of public school teachers, pre- 
scribing the examination, the time and manner of conducting the 
same, and also for making provision for the classification of 
teachers' certificates into primary, intermediate and high school. 
In addition to the three grades of certificates herein provided, a. 
certificate known as State certificate, signed by the State Super- 
intendent and Board of Examiners, hereinafter provided, shall be 
issued to any person who upon examination by said board of ex- 
aminers shall make a general average of not less than ninety per 
cent. Said examination shall be in writing and may be conducted 
before the county superintendent of public instruction in any 
county or before any person selected by said board of examiners,, 
under such rules and regulations as said board may adopt, but. 
the questions for such examination shall be furnished by said 
board of examiners, and said board shall meet at the call of the- 
State Superintendent of Public Instruction to examine and grade- 
all papers submitted by applicants for such State certificate. The 
State Superintendent of Public Instruction shall be ex officio chair- 
man of said board, and the chief clerk in the office of the State- 
Superintendent of Public Instruction shall be ex officio secretary 
of the said board, and shall be paid out of the State treasurey 
three hundred dollars annually as compensation for additional 
services as secretary, and all persons who desire to be examinedl 
for a State certificate shall file an application with the State Su- 
perintendent of Public Instruction, who shall notify such person 
when and where such examination will be held: Provided, that 
no person shall be permitted to stand such examination without 
first filing with the State Superintendent of Public Instruction a 
statement from the county superintendent of public instruction of 
the county in which said applicant last taught that said applicant 
holds a first-grade certificate and has taught successfully at least 
one year. Said State certificate shall be valid in any county in 
the State, and no other examination or certificate as a prerequisite 
for teaching a public school shall be required of any person hold- 
ing such State certificate for a period of five years from the date 
of issue of said State certificate, and the minimum salary paid to 
any teacher holding such State certificate shall be thirty-five dol- 
lars per month. Said board of examiners, under the direction of 
the State Superintendent of Public Instruction, shall examine all 



76 

teachers who apply to the State Superintendent for a high school 
teacher's certificate, and said examination shall be conducted in 
the same manner as the examination for State certificates, as 
herein provided. Said State Board of Examiners shall consist of 
not less than three (3) and not more than five (5) practical school 
teachers, who shall be appointed by the State Board of Education 
upon the recommendation of the State Superintendent of Public 
Instruction, and they shall hold office for a term of four (4) 
years; and the members of said board actually serving shall be 
paid a per diem of four (4) dollars per day during the time that 
they are actually engaged, and in addition shall be repaid all 
money actually expended by them in payment of necessary ex- 
penses while so engaged, to be paid out of the public fund, and 
they shall make out and swear to an itemized statement of such 
■expenses: Provided, that the State Superintendent of Public 
Instruction shall not be allowed any per diem for services as 
■chairman of said board of examiners. 

1905, c. 533, s. 9; 1901, c. 4, s. 37; 1907, c. 835; 1911, c. 135. 

[No private exaviination should ie given unless the applicant 
was prevented from attending the regular examination on account 
■of providential hindrances.] 

4163. Age, qualifications, certificates, grades and pay of; 
SCHOOL MONTH DEFINED. No person Shall be employed as a teacher 
who does not produce a certificate from the county superintend- 
ent or State Superintendent of Public Instruction, dated within 
the time prescribed by law and continuing to the end of the term. 
No assistant teacher shall be employed in any one-teacher school 
until the average daily attendance shall have reached at least 
Tforty pupils, and in case the reports of any teacher shall for four 
'Consecutive weeks show an average daily attendance of less than 
forty pupils the assistant teacher may be dismissed. No certifi- 
•cate to teach shall be issued to any person under eighteen years 
of age. Teachers of second grade shall receive not more than 
thirty-five dollars per month out of the public fund, and teachers 
■ot the first grade may receive such compensation as shall be 
agreed upon. Teachers of the third grade shall receive not more 
than twenty dollars per month, but no third-grade certificate 
-shall be renewed and no holder of a third-grade certificate shall 
1)6 employed except as an assistant teacher. No teacher shall re- 
•ceive any compensation for a shorter term than one month, unless 
"providentially hindered from completing the term. Twenty school 
•days of not less than six hours nor more than seven hours each 
•day shall be a month. The school term shall be continuous, as 
far as practicable. All laws and clauses of laws granting to or 
conferring upon the graduates or ex-students or students of any 
institution of learning, private or public, within this State or else- 
where, immunity, exemption or freedom from the operation of 
ilaws of this State requiring persons who desire to teach in free 
public schools of the State to submit to and pass regular examina- 



77 

tions before the county superintendents before being duly qualified 
to serve as such teachers are hereby repealed. The county board 
of education shall fix, within the limits above prescribed, the 
maximum salary to be paid to teachers in each school in the 
county. 

1901, c. 4, ss. 22, 24, 27, 34; 1901, c. 3, s. 2; 1901, c. 535; 1903, 
c. 435, ss. 9, 16; 1911, c. 135; 1913, c. 149. 

[Committeemen can not contract to pay any teacher more than 
the salary fixed for the school by the county board.] 

4164. Salary, how paid; closing schools foe nonattendance 
OF PUPILS. At the end of every term of a public school the 
teacher or principal of the school shall exhibit to the school com- 
mittee a statement of the number of pupils, male and female, 
the average daily attendance, the number of pupils completing 
the elementary grades, the length of term and the time taught. 
If the committee is satisfied that the provisions of this chapter 
have been complied with, they shall give an order on the treasurer 
of the county school fund, payable to such teacher, for the full 
amount due for services rendered; but monthly, and, if required 
by the county superintendent, weekly statements and reports 
shall be made by the teacher to the committee and to the county 
superintendent. Orders on the treasurer shall be valid when 
signed by two members of the committee and countersigned by 
the county superintendent. When a monthly or weekly report of 
any school where the district does not contain over one hundred 
and fifty children shows an average daily attendance of less than 
one-fifth of the school census, the committee may, with the 
approval of the county superintendent of schools, order the school 
to be closed, and the money due such school shall remain to 
the credit of that school; but all funds remaining to the credit 
of such school at the close of the school year, unused because of 
nonattendance, shall be returned to the general fund for reappor- 
tionment, unless such nonattendance shall have been caused by 
providential or other unavoidable causes; and the county board 
of education, upon the recommendation of the county superin- 
tendent, shall have authority to close any school for either race 
in any township before it shall have continued for the average 
length of school term for the township in case the attendance does 
not justify the continuance of the school, and the money remain- 
ing to the credit of such district thus closed for nonattendance 
shall be returned to the general school fund. The county board 
of education of such and every county is hereby authorized and 
directed to provide for the prompt payment of all teachers' sal- 
aries due at the end of each school month. 

1901, c. 4, ss. 23, 24; 1903, c. 435, ss. 8, 9; 1905, c. 533, s. 4; 
1913, c. 149. 

[Monthly reports should be required of every teacher, so that 
this section can be intelligently carried out.] 



78 



4165. Keep record; report to county superintendent, also to 
State Superintendent, when. Every teacher or principal of a 
school to which aid shall be given under this chapter shall keep 
such record of the attendance and classification of pupils as shall 
be prescribed by the State Superintendent of Public Instruction or 
the county board of education; and at the end of each term, and 
when requested at other times, every teacher or principal shall 
report to the county superintendent of schools in such form and 
manner and .on such blanks as shall be furnished by the county 
superintendent of schools or the State Superintendent of Public 
Instruction. At the end of every term every principal or teacher 
of a public school shall report to the county superintendent of 
schools the length of term of the school, the race for which it was 
taught, the number, the sex and average daily attendance of the 
pupils, and the number of the district in which the school is 
taught, the number of children on census blank not attending any 
school, number of children under seventeen years of age not at- 
tending any school, stating some causes why they did not attend; 
how many families having children of school age who did not 
send any of their children to school; how many families did, 
stating what personal effort has been made to get the children to 
attend school. The county superintendent shall not approve the 
final voucher for the salary of any principal or teacher until all 
reports have been made according to law and until the register 
has been properly filled out and filed with the county superin- 
tendent of schools. The principal or superintendent of every 
school or institution of learning supported in whole or in part 
by public funds shall report to the State Superintendent at such 
time and in such form as he may direct, and shall also report to 
the county superintendent of the county in which such school or 
institution of learing 's situated. 

1901, c. 4, ss. 64, 66; 1903, c. 435, s. 21; 1903, c. 533, s. 11. 

[The county superintendent should always require all reports 
to he fully and accurately signed before he signs the teacher's 
voucher for the last month's salary.] 

4166. To MAINTAIN ORDER AND ENCOURAGE VIRTUE; TO DISMISS 

IMPROPER PUPILS. It shall be the. duty of all teachers of free 
public schools to maintain good order and discipline in their 
respective schools; to encourage morality, industry and neatness 
in all of their pupils, and to teach thoroughly all branches which 
they are required to teach. Pupils who willfully and persistently 
violate the rules of the school and any of imnioral life and char- 
acter shall be dismissed by the teacher. 
1901, c. 4, s. 63. 

4167. Teachers' institutes and schools, how conducted; 
TEACHERS MUST ATTEND. The county board of education of every 
county shall biennially appropriate an amount not less than two 
hundred dollars nor more than two hundred and fifty dollars out 
of the public school funds of the county, the definite amount be- 



79 

tween the minimum and the maximum thus fixed to be determined 
by the State Superintendent of Public Instruction, for the purpose 
of conducting biennially a teachers' institute and school for the 
training of the public school teachers of the county at some con- 
venient and satisfactory place. The biennial county teachers' 
institute and school provided for in this section shall be con- 
ducted by some practical teacher or teachers appointed by the 
State Superintendent of Public Instruction, at such time and place 
as shall be determined by the State Superintendent of Public 
Instruction, after consultation with the county superintendent of 
schools and the county board of education. All public school 
teachers of the State and all high school and graded school teach- 
ers are hereby required to attend biennially some county teachers' 
institute or accredited summer school continuously for a term 
of not less than two weeks, unless providentially hindered; and 
failure so to attend such institute or summer school shall be cause 
for debarring any teacher, so failing, from teaching in any of the 
public schools, high schools, or graded schools of the State until 
such teacher shall have attended, as required by law, some county 
institute or accredited school as herein provided for. The rules 
and regulations governing all teachers' institutes, the course of 
study to be pursued and the proper credits for attendance on tlie 
same shall be prescribed by the State Superintendent of Public 
Instruction; and proper and just provision shall be made for the 
training of the teachers of each race in separate institutes and 
schools: Provided, that counties whose total annual public school 
fund is less than eight thousand dollars may arrange with an 
adjoining county for holding a biennial teachers' institute and 
school, as herein provided for, making such biennial appropria- 
tion and arrangement with an adjoining county as shall be equita- 
ble and satisfactory, which appropriation and arrangement and 
the terms of the same shall first be approved by the State Super- 
intendent of Public Instruction: and Provided further, that a 
properly signed certificate of continuous attendance at some sum- 
mer school of good standing for a period of not less than three 
weeks may be accepted by the county superintendent of schools as 
a substitute for attendance on the biennial teachers' institute and 
school herein provided for, under such rules and regulations as 
shall be prescribed by the State Superintendent of Public In- 
struction. 

1905, c. 533, s. 5; 1903, c. 435, s. 10; 1901, c. 4, s. 26; 1911, c. 135. 

XIII. EUEAL LIBRARIES. 

Summary. — In any school district, incorporated towns hav- 
ing AS many as 1,000 inhabitants excepted, there may be estab- 
lished A school library. The patrons and friends op the 
school are required to raise by private donations as much as 

$10 AND tender it TO THE COUNTY TREASURER. THEREUPON THE 
county BOARD OF EDUCATION SHALL APPROPRIATE $10 OUT OF THE 



80 



GENERAL SCHOOL FUND OF THE COUNTY, AND THE COUNTY SUPERIN- 
TENDENT SHALL CERTIFY THE SAME TO THE StATE SUPERINTENDENT. 

The State Superintendent is then required to send $10 from 
THE State appropriation to the treasurer of the county, and 
the $30 used in the purchase of books selected from a list 
approved by the State Superintendent. The county board is 
required to furnish out of the general school fund a neat 
bookcase, with lock and key. the library thus established 
shall be conducted under rules and regulations prescribed by 
THE State Superintendent. Libraries may be enlarged by the 

ADDITION OF $15 WORTH OF BOOKS, $5 OF WHICH MUST BE RAISED BY 
PRIVATE DONATIONS, $5 BE APPROPRIATED OUT OF THE GENEAL COUNTY 
SCHOOL FUND, AND $5 BE GIVEN OUT OF THE StATE APPROPRIATION; 
AND THE ADDITIONAL BOOKS MUST BE SELECTED FROM A LIST APPROVED 

BY THE State Superintendent. 

Note. — Sections 4168-4171 relate to Indians of Robeson County 
and are printed after rural library sections. 

4172. How established; duties of school officials; manager 
APPOINTED. Whenever the patrons and friends of any free public 
school in which a library has not already been established by aid 
of the State shall raise by private subscription and tender to the 
treasurer of the county school fund for the establishment of a 
library to be connected with such school the sum of ten dollars, 
the county board of education shall appropriate from the general 
county school fund the sum of ten dollars for this purpose, and 
shall appoint one intelligent person in the school district the man- 
ager of such library. The county board shall also appoint one 
competent person, well versed in books, to select books for such 
libraries as may be established under these provisions from lists 
of books approved by the State Superintendent of Public In- 
struction. 

1901, c. 662, s. 6; 1903, c. 226, s. 1; 1905, c. 381. 

4173. State Board of Education to contribute. As soon as 
such board shall have made an appropriation for a library in the 
manner prescribed, the county superintendent shall inform the 
secretary of the State Board of Education of the fact, whereupon 
the State Board shall remit to the treasurer of the county school 
fund the sum of ten dollars additional for the purchase of books. 

1901, c. 662, s. 7; 1903, c. 226, s. 2;- 1905, c. 381, s. 2. 

4174. Books and bookcases, how purchased. Within thirty 
days after the payment of the money to the treasurer of the 
county school fund, the person appointed to select the books shall 
submit the list of books to be purchased, and prices of same, to 
such treasurer, who shall order the books at once. The treasurer 
shall receive no compensation except his regular commission. The 
county board shall furnish, at the expense of the general county 
school fund, a neat bookcase, with lock and key, to each library, 
upon application of the county superintendent. 

1901, c. 662, s. 8; 1903, c. 226, s. 3; 1905, c. 381, s. 3. 



81 

4175. Rules to be made by State Superintendent. The local 
manager of every library shall carry out such, rules and regula- 
tions for the proper use and preservation of the books as may be 
established by the State Superintendent of Public Instruction, and 
shall, on or before June thirtieth of each year, make to the State 
Superintendent of Public Instruction such reports as he shall 
require. 

1901, c. 662, s. 9; 1903, c. 226, s. 4; 1905, c. 381, s. 4. 
[The State Superintendent will furnish a copy of the rules on 
application.] 

4176. Exchange of libraries. The local managers of two or 
more libraries may, by agreement, exchange libraries; but no ex- 
change shall be made oftener than once in six months, and no part 
of the expense of exchanging libraries shall be paid out of the 
public funds. 

1901, c. 662, s. 10; 1903, c. 226; s. 5; 1905, c. 381, s. 5. 

4177. Enlargement of libraries, appropriations for. When- 
ever the patrons and friends of any free public school in which 
a library has been established under the provisions of this sub- 
chapter shall raise by private subscription and tender to the treas- 
urer of the county school fund the sum of five dollars for the en- 
largement of the library, the county board of education shall ap- 
propriate from the general school fund the sum of five dollai;s, and 
the State Board of Education shall remit to the treasurer of the 
county school fund the sum of five dollars. The money thus col- 
lected and appropriated shall be used for the enlargement of libra- 
ries already established under the same rules and restrictions as 
govern the establishment of new libraries. 

1903, c. 226, s. 6; 1905, c. 381, s. 6. 

4178. Number of libraries limited; cities and towns excluded, 
WHEN. Not more than six new libraries, in addition to those 
already established, shall be established biennially in any county 
under the provisions of the preceding sections, and not more than 
six libraries already established in any county shall be entitled 
biennially to the benefits of section six of this act: Provided, that 
after November thirtieth, one thousand nine hundred and six, and 
after November thirtieth of every second year thereafter, if any of 
the aforesaid biennial appropriation for the years ending on such 
date shall still be in the hands of the State Treasurer, any free 
public school which shall fulfill the conditions set forth in the pre- 
ceding sections shall be entitled to receive the benefits of this act, 
regardless of the number of libraries already established in the 
county in which said school is located, until the aforesaid balance 
of each biennial appropriation available for the purpose is ex- 
hausted. No school district in any incorporated town with a popu- 



82 

lation exceeding one thousand persons shall receive any moneys 
under the provisions of this act. 

1901, c. 662, s. 12; 1903, c. 226, s. 8; 1905, c. 381, ss. 8, 9. 

[After the Mennial period has passed, the libraries not taken 
'during that period may be taken by any county desiring them.] 

4179. Additional appropriation of State funds. The sum of 
seven thousand five hundred dollars of the appropriation for the 
public schools of the State is hereby biennially appropriated and 
set apart to be expended by the State Board of Education under 
the provisions of this subchapter: Provided, that of each biennial 
appropriation a sum not exceeding five thousand dollars may be 
expended by the State Board of Education in the establishment 
of new libraries', and a sum not exceeding two thousand five hun- 
dred dollars may be expended by the State Board of Education 
in the enlargement of libraries according to the provisions of sec- 
tion four thousand one hundred and seventy-seven of this sub- 
chapter: Provided further, that any balance of the biennial ap- 
propriation of two thousand five hundred dollars for the enlarge- 
ment of libraries remaining in the hands of the State Treasurer 
at the end of each biennial period shall be used for the establish- 
ment of new libraries in accordance with the provisions of section 
four thousand one hundred and seventy-two of The Revisal of one 
thousand nine hundred and five of North Carolina. 

1901, c. 662, s. 11; 1903, c. 226, s. 7; 1905, c. 381, s. 7; 1909, c. 525. 

XIY. SEPARATE SCHOOLS FOR INDIANS OF ROBESON 
COUNTY. 

The provisions of the school law relating to the Croatan Indians 
of Richmond, Sampson, and Robeson counties are as follows: 

4168. Separate schools for. The persons residing in Robeson, 
Sampson, and Richmond counties, supposed to be descendants of a 
friendly tribe once residing in the eastern portion of the State, 
known as Croatan Indians, and their descendants, shall be known 
and designated as the Indians of Robeson County, and they and 
their descendants shall have separate schools for their children, 
school committees of their own race and color, and shall be al- 
lowed to select teachers of their own choice, subject to the same 
rules and regulations as are applicable to all teachers in the gen- 
eral school law, and there shall be excluded from such separate 
schools for the Indians of Robeson County all children of the 
negro race to the fourth generation. 

1885, c. 51, s. 2; 1889, c. 60, s. 1; 1911, c. 215. 

4169. County board to carry provisions into effect. It shall 
be the duty of the county board of education to see that the next 
preceding section is carried into effect, and shall for that purpose 
have the census taken of all the children of such Indians and their 
descendants between the ages of six and twenty-one, and proceed 
to establish such suitable school districts as shall be necessary for 



83 

their convenience^ and take all such other and further steps as 
may be necessary for the purpose of carrying such section into 
effect; and where any children, descendants of such Indians, shall 
reside in any district in such counties of Robeson and Richmond 
in which there are no separate schools provided for their race they 
shall have the right to attend any of the public schools in the 
county provided for their race, and their share of the public school 
fund shall be appropriated to their education upon the certificate 
of the school committee in the district in which they reside stating 
that they are entitled to attend such public schools. 
1885, c. 51, ss. 3, 4. 

4170. Pro rata shake of school funds kept separate. The 
treasurer of the county school fund and other proper authorities 
whose duties are to collect, keep and apportion the school fund 
shall procure from the county board of education the number of 
children in the county between the ages of six and twenty-one, 
belonging to such Indian race, and shall set apart and keep sepa- 
rate their pro rata share of the school funds, which shall be paid 
out under the same rules in every respect as are provided in the 
general school law and in the next preceding section. 

1885, c. 51, s. 4. 

4171. General school law applicable to. The general public 
school law shall be applicable in all respects to such separate 
schools for the Indians of Robeson County, except where such gen- 
eral law is repugnant to these special provisions relating to such 
schools, and these special provisions for separate schools for Croa- 
tan Indians shall apply only to the counties of Robeson, Sampson, 
and Richmond. 

1885, c. 51, s. 5; 1911, c. 215. 



84 



LAWS RELATING TO THE ADOPTION OF 
TEXT-BOOKS 



4057. Created. The State Board of Education is hereby consti- 
tuted a State Text-book Commission, whose duty it is, acting con- 
jointly with the subcommission, to select and adopt a uniform 
series or system of text-books for use in the public schools in the 
State of North Carolina, and who shall serve without compensa- 
tion. The Governor shall be ex officio president of such commis- 
sion and the Superintendent of Public Instruction its secretary. 

1901, c. 1, ss. 1, 2, 7, 20; 1911, c. 118. 

4058. Powers; term of contracts made by. The commission 
may from time to time make any necessary regulations, not con- 
trary to the provisions of this chapter, to secure the prompt dis- 
tribution of the books herein provided for, and the prompt and 
faithful performance of all contracts. At any time within six 
months before the expiration of the contracts now in force for 
furnishing books to the public schools, the commission may adver- 
tise for new bids or proposals, as required by this chapter, and 
enter into such other contracts as they may deem best for the 
interest of the patrons of the public schools of the State. Any 
contract entered into or renewed shall be for the term of five 
years. 

4059. Term of office and powers. The commission shall main- 
tain its organization during the five years of the continuance of 
the contract now in force, and at any time within six months be- 
fore the expiration of the same shall advertise for new bids, or 
proposals, as required by this chapter in the first instance, and 
enter into such other contracts as it may deem best for the interest 
of the patrons of the public schools of the State; and the commis- 
sion may from time to time make any necessary regulations not 
contrary to the provisions of this chapter to secure the prompt 
distribution of books herein provided for, and the prompt and 
faithful performance of all contracts. 

1901, c. 1, s. 14; 1911, c. 118. 

4060. Character and requisites of books to be adopted. The 
uniform series of text-books to be selected by the commission and 
the subcommission shall include the following branches, to wit: 
Orthography, defining, reading, writing, drawing, arithmetic, ge- 
ography, grammar, language lessons, history of North Carolina 
containing the Constitution of the State, history of the United 
States containing the Constitution of the United States, physi- 
ology, hygiene, nature and effect of alcoholic drinks and narcotics, 
elements of civil government, elements of agriculture. None of 
such text-books shall contain anything of a partisan or sectarian 
character, and all shall be written or printed in English. 

1901, c. 1, ss. 2, 8; 1911, c. 118. 



85 

4061. Exclusive use of books adopted by. The books adopted 
t)y the commission and subcommission as a uniform system of text- 
books shall be introduced and used as text-books, to the exclusion 
of all others, in all the public free schools in the State for a period 
of five years from the date of adoption; and it shall not be lawful 
for any school officer, director or teacher to use any books upon 
the same branches other than those adopted by the commission. 
Nothing herein shall prevent the use of supplementary books, but 
such supplementary books shall not be used to the exclusion of the 
books prescribed or adopted under the provisions of this chapter; 
nor shall anything herein prevent the teaching in any school any 
branch higher or one more advanced than is embraced in the next 
preceding section, nor the use of any book upon such higher 
branch of study, but such higher branch shall not be taught to the 
exclusion of the branches mentioned and set out in the next pre- 
ceding section. 

4062. Can purchase elsevfhere when contractor fails to sup- 
ply; TEACHER ALLOWING OTHER BOOKS DISMISSED. Nothing herein 
shall prevent or prohibit the patrons of the public schools through- 
out the State from procuring books in the usual way, in case no 
contract shall be made or the contractor fails or refuses to furnish 
the books provided for in this chapter at the time required for 
their use in the respective schools. If any teacher shall willfully 
use or permit to be used in his school any text-book upon the 
branches embraced in this chapter, where the commission has 
adopted a book upon that branch, other than the one so adopted, 
the county board of education shall discharge and cancel the cer- 
tificate of such teacher or school superintendent; but they may 
use or permit to be used such book or books as may be owned by 
the pupils of the school at the time of the adoption until such 
books are worn out, not exceeding one year from the date :if 
adoption. 

1901, c. 1, ss. 2, 16, 17, 18; 1911, c. 118. 

4063. SuBCOMMissioN TO BE APPOINTED. It shail be the duty o^ 
the Governor and the State Superintendent of Public Instruction 
to appoint a subcommission of six members, to be selected from 
among the teachers or county superintendents actually engaged m 
school work in this State; and members of the subcommission 
actually serving shall be paid a per diem of four dollars per day 
during the time that they are actually engaged in such service, 
and in addition shall be repaid all money actually expended by 
them in payment of necessary expenses, to be paid out of the 
public funds of the State treasury, and they shall make out and 
swear to an itemized statement of such expenses. 

1907, c. 835, s. 1, par. (b) ; 1911, c. 118, s. 1, par. (f). 

4064. Oath of subcommissioners. Each member of the subcom- 
mission, before entering upon the discharge of his duties, shall 
take and subscribe an oath to act honestly, conscientiously, and 
faithfully, and that he is not now, has not within two years prior 



86 

to his appointment, been agent or attorney for or in the employ- 
ment of or interested in any book or publishing house, concern or 
corporation making or proposing to make bids for the sale of 
books, pursuant to the provisions of this chapter, and that he will 
carefully and faithfully examine all books submitted, and make 
true report thereon, as herein directed and prescribed. Such oath 
shall be filed in the office of the Secretary of State. 
1901, c. 1, s 5. 

4065. Examination of books by stjbcommission, and eepoet 
THEREON. To the subcommission shall be referred all books sent 
to the State Text-book Commission as specimen copies or samples 
upon which bids are to be based; and it shall be the duty of the 
subcommission, in executive session, to examine and report upon 
the merits of the books, irrespective of the price, taking into con- 
sideration the subject matter of the books, their printing, their 
material and their mechanical qualities and their general suita- 
bility and desirability for the purposes for which they are desired 
and intended. The subcommission shall report to the commission 
at such time as the commission shall direct, arranging each book 
in its class or division and reporting books in the order of their 
merit, pointing out the merits and demerits of each, and indicating 
what book it recommends for adoption first, what book is its sec- 
ond choice, and its third choice, and so on, pursuing this plan with 
the books submitted upon each branch of study; and if the sub- 
commission shall consider different books upon the same subject 
or of the same class or division of approximately even merit, all 
things being considered, it shall so report, and, if it considers that 
any book offered is of such a class as to make it inferior and not 
worthy of adoption, shall in its report so designate such book. In 
its report it shall make such recommendations and suggestions to 
the commission as it shall deem advisable and proper to make. 

1901, c. 1, ss. 3, 4. 

4066. Report, when opened and where filed. The report of the 
subcommission shall be kept secret and sealed up and delivered 
to the secretary of the commission, and shall not be opened by any 
member of the commission until the commission and the subcom- 
mission shall meet in joint executive session to open and consider 
the bids or proposals of publishers or others desiring to have 
books adopted by the commission; and when such commission 
shall have finished with such report it shall be filed and preserved 
in the office of the Superintendent of Public Instruction and shall 
be open at all times for public inspection. 

1901, c. 1, ss. 4, 6;. 1911, c. 118. 

4067. Selection and adoption of books by the commission and 
the subcommission. The commission and subcommission in their 
selection and adoption of a uniform series of text-books shall con- 
sider the merits of the books, taking into consideration their sub- 
ject matter, the printing, binding, material, and mechanical qual- 
ity, their general suitability and desirability for the purposes in- 



87 

tended, and the price. The Text-book Commission and the sub 
commission in joint session shall select and adopt such books as 
will, in their judgment, best accomplish the ends desired; and in 
case any books are deemed by them suitable for adoption and 
more desirable than other books of the same class or division sub- 
mitted, and in case they consider the price at which such bookrj 
are offered to be unreasonably high, and that the same should be 
offered at a smaller price, they are hereby authorized and directed 
to notify immediately the publishers of such books of their de- 
cision, and request such reduction in price as they deem reason- 
able or just; and if they shall agree on a price with such pub- 
lishers they may adopt such books; but upon failure to agree upon 
price, they shall use their sound judgment and discretion as to the 
adoption of those or of other books deemed by them to be the 
next best in the list submitted. 
1911, c. 118, s. 1, par. (h). 

4068. Advertisement for bids. At any time within six months 
before the expiration of the now existing contracts, the commis- 
sion shall advertise, in such manner and for such a length of 
time and at such places as may be deemed advisable, that at a 
time and place fixed definitely in the advertisement sealed bids or 
proposals will be received from the publishers of school text-books 
for furnishing books to the public schools in the State of North 
Carolina, through agencies established by the publishers in the 
several counties, and in the several places, in the counties of the 
State as may be provided for in such regulations as the commis- 
sion may adopt and prescribe. The advertisement shall also state 
in substance the requirements of the next succeeding section and 
shall reserve the right to the commission to reject all bids. 

1901, c. 1, ss. 1, 7, 11, 14; 1911, c. 118. 

4069. Bids, how made; contents or. The bids or proposals 
shall be for furnishing books for a period of five years, and no 
longer, and no bid for a longer period shall be considered. The 
bids shall state specifically and definitely the price at which books 
are to be furnished, and shall be accompanied by ten or more 
specimen copies of each and every book proposed to be furnished; 
and it shall be required of each bidder to deposit with the Treas- 
urer of the State a sum of money, such as the commission may 
require, not less than five hundred nor more than twenty-five hun- 
dred dollars, according to the number of books each bidder may 
propose to supply, and such deposits shall be forfeited absolutely 
to the State if the bidder making the deposit of any sum shall fail 
or refuse to make and execute such contract and bond, as is here- 
inafter required, within such time as the commission shall reauiiv. 
All bids shall be sealed and deposited with the Secretary of State, 
to be by him delivered to the commission when in executive ses- 
sion, for the purpose of considering the same, when they shall be 
opened in the presence of the commission; and each person or 
publisher making a bid for the supplying of any books shall state 



88 

in such bid or proposal the exchange price at which such books 
shall be furnished. It shall be the duty of the Secretary of State 
to carefully preserve in his office, as the standard of quality and 
excellence to be maintained in such book during the continuance 
of the contracts for furnishing the same, the specimen or sample 
copies of all books which have been the basis of any contract, 
together with the original bid or proposal. 
1901, c. 1, ss. 7, 9, 10. 

4070. Bids and proposals may be kejected. The commission 
shall have and reserve the right to reject any and all bids or 
proposals if of the opinion that any or all should for any reason 
be rejected; and, in case it fail from among the bids or proposals 
submitted to select or adopt any books upon any of the branches 
prescribed by this chapter, may readvertise for sealed bids or 
proposals, under the same terms and conditions as before, and 
proceed with its investigations in all respects as in the first in- 
stance and as required by the terms and provisions of this chap- 
ter; and the commission shall have and reserve the same rights in 
cases of advertisement for and presentation of bids and proposals 
for manuscripts and unpublished books hereinafter provided for 
in this chapter. 

1901, c. 1, s. 11. 

4071. Manuscripts and unprinted books may be adopted. In 
the event that the commission rejects the bid for furnishing any 
book, or in case it fail to adopt any book of the classes required, 
it may advertise for sealed bids or proposals from authors or 
publishers of text-books who have manuscripts or books not yet 
published, for prices at which they will publish and furnish in 
book form such manuscripts for use in the public schools of North 
Carolina, proceeding in like manner at" in bids for furnishing 
books; but the State itself shall not r.nder any circumstances 
enter into any contract binding it to pay lor the publication of any 
book, but in the contract with the owner of the manuscript it shall 
be provided that he shall pay the compensation to the publisher 
for the publication and putting in book form the manuscript, to- 
gether with the cost and expense of copyrighting the same. All 
such bids or proposals shall be accompanied with a cash deposit 
of from five hundred to twenty-five hundred dollars, as the com- 
mission may direct and as heretofore provided in this chapter; and 
It is expressly provided that any person now doing business or 
proposing to do business in this State shall have the right to bid 
for the contract to be awarded hereunder in manner as follows: 
In response to the advertisement such person may submit his 
written bid to edit or have edited, published and supplied for 
use in the public schools in this State any book provided for 
hereunder. Instead of filing with the bid or proposal a sample 
or specimen or copy of each book proposed to be furnished, he 
may exhibit to the commission, in manuscript or printed form, 
the matter proposed to be incorporated in any book, together 



89 

with sucn a description and illustration of the form and style 
thereof as will be fully intelligible and satisfactory to the com- 
mission, or he may submit a book the equal of which in every 
way he proposes to furnish, and he shall accompany his bid or 
proposal with the cash deposit hereinbefore required. All such 
books and manuscripts shall be examined and reported upon by 
the subcommission before being adopted. 
1901, c. 1, s. 11. 

4072. Commission to deliver sample books to subcommission. 
It shall be the duty of the commission to meet at the time and 
place designated in the advertisement and take out the sample 
or specimen copies submitted, upon which the bids are based, and 
refer and submit them to the subcommission, as provided for and 
directed in this chapter, with instructions to the subcommission 
to report at a time specified, with the classification and recom- 
mendation, as provided in this chapter. 

1901, c. 1, s. 8. 

4073. Adoption of books. When the report of the subcommis- 
sion is submitted it shall be the duty of the commission and the 
subcorhmission to meet in joint executive session to open and ex- 
amine all sealed proposals submitted and received in pursuance of 
the notice or advertisement provided for in this chapter. It shall 
be the duty of the commission and the subcommission to examine 
and consider all such bids or proposals, together with the report 
and recommendation of the subcommission, and determine, in the 
manner provided in this chapter, what books, upon the branches 
hereinabove mentioned, shall be selected for adoption, taking into 
consideration the size, quality as to the subject matter, material, 
printing, binding and the mechanical execution, and price, and the 
general suitability for the purpose desired and intended. After the 
selection or adoption shall have been made, the commission shall 
award the contracts, and shall by registered letter notify the pub- 
lishers or proposers to whom the contracts have been awarded. 
But the commission shall not in any q^se contract with any per- 
son for the use of any book which shall be sold to patrons for use 
in any public school in the State in excess of the price at which 
such book is to be furnished by such person, under contract, to any 
state, county or school district in the Lnited States under like 
conditions as those prevailing in this State and under this chapter. 

1901, c. 1, ss. 8, 9; 1911, c. 118. 

4074. Contract, how executed. Upon the awarding of the con- 
tracts it shall be the duty of the Attorney-General to prepare 
the same in accordance with the terms and provisions of this 
chapter. On behalf of the State the contracts shall be executed 
by the Governor and Secretary of State, and the seal of the State 
shall be set thereto. All such contracts shall be executed in tripli- 
cate, of which one shall be kept by the secretary of the commission, 
one shall be filed in the office of the Secretary of State, and one 
shall be retained by the contracting party. All contracts entered 



90 

i.ito or renewed under the provisions of this chapter shall be for 
the term of five years. 
1901, e. 1, ss. 8, 14. 

4075. Contract; stipulations as to prices and exchange of 
BOOKS. It shall be stipulated in each contract that the contractor 
has never furnished and is not now furnishing under contract 
any state, county or school district in the United States, where 
like conditions prevail as are then prevailing in this State and 
under this chapter, the same books as are embraced in the con- 
tract at a price below that stipulated in the contract; and the 
commission is hereby authorized and directed, at any time that 
it may find that any books have been sold at a lower price under 
contract to any state, , county or school district, to sue upon the 
bond of the contractor and recover the difference between the 
contract and the lower price for which books have been sold; and 
it shall also be stipulated in the contract that the contractor shall 
take up school books in use in this State at the date of such con- 
tract, and receive the same in exchange for new books, allowing a 
price for such old books not less than fifty per cent of the contract 
price of the new books. 

1901, c. 1, ss. 9, 10. 

4076. Contract, as to liability of State. It shall always be a 
part of the terms and conditions of every contract made in pur- 
suance of this chapter that the State of North Carolina shall not 
be liable to any contractor in any manner for any sum whatever, 
but all such contractors shall receive their pay and compensation 
solely and exclusively from the proceeds of the sale of books, as 
provided for in this chapter. 

1901, c. 1, s. 10. 

4077. Contracts may be changed or altered. Nothing in this 
chapter shall prevent the commission and any contractor agreeing 
thereto from in any manner changing or altering any contract, 
if four members of the commission shall agree to the change and 
think it advisable and for the best interest of the public schools 
of the State. 

1901, c. 1, s. 9. 

4078. Books must come up to sample. The books furnished 
under any contract shall at all times during the existence of the 
contract in all respects be equal to the specimen or sample copies 
furnished with the bid. 

1901, c. 1, s. 9. 

4079. Bond of contractor. At the time of the execution of the 
contract the contractor shall enter into a bond in the sum of not 
less than ten thousand dollars, payable to the State of North 
Carolina, the amount of the bond within such limits to be fixed 
by the commission, conditioned for the faithful, honest and exact 
performance of his contract, and shall further provide for the 
payment of reasonable attorneys' fees in case of recovery in any 
suit upon the same, with three or more good and solvent sureties. 



91 

actual citizens and residents of this State, or any guaranty com- 
pany authorized to do business in this State may become the 
surety on such bond; and it shall be the duty of the Attorney- 
General to prepare and approve such bonds. The commission may 
at any time, by giving thirty days notice, require additional 
security or additional bond. 
1901, c. 1, ss. 8, 9. 

4080. Actions on the bond. In case any contractor shall fail 
to execute specifically the terms and provisions of his contract, 
the commission is hereby empowered and directed to bring an 
action upon the bond of such contractor for the recovery of any 
and all damages. Such action shall be in the name of the State 
of North Carolina, and the recovery shall be for the benefit of the 
public school fund of the State and counties, and when collected 
shall be placed in the treasury of the school fund. The bond 
shall not be exhausted by a single recovery, but may be sued on 
from time to time until the full amount thereof shall be recovered. 
And it is expressly provided that should any party contracting to 
furnish books, as provided for in this chapter, fail to furnish 
them or otherwise break his contract, in addition to the right of 
the State to sue on the bond hereinabove required, the chairman 
of the county board of education or any member thereof may sue 
in the name of the State in the courts of the State having juris- 
diction, and recover on such bond the full value of the books so 

, failed to be furnished, for the use and benefit of the school fund of 
the county. In all such cases service of process may be made on 
any agent or contractor in the county, or if no agent is in the 
county, then service may be made on any agent in charge of any 
depository, and such service shall be and stand in the place of 
service on the defendant contractor. 
1901, c. 1, ss. 8, 9, 13. 

4081. Deposits by bidders, when ketttened and when fobfeited. 
When any person shall have been awarded a contract and shall 
have given the bond required, the commission, through its secre- 
tary, shall so inform the Treasurer of the State, and it shall then 
be the duty of the Treasurer to return to such contractor the cash 
deposit made by him; and the commission, through its secretary, 
shall inform the Treasurer of the names of the unsuccessful bid- 
ders or proposers, and the Treasurer shall, upon the receipt of 
this notice, return to them the amounts deposited by them in 
cash at the time of the submission of their bids. But should any 
person fail or refuse to execute a contract and give the bond, as 
required by this chapter, within thirty days after the awarding of 
the contract to him and the mailing of the registered letter con- 
taining notice thereof, which shall be sufficient evidence that the 
notice was given and received, the cash deposit shall be deemed 
and is hereby declared forfeited to the State of North Carolina. 



92 

and it shall be the duty of the Treasurer to place such cash de- 
posit in the treasury of the State, to the credit of the school fund. 
1901, c. 1, s. 8. 

4082. Prices to be printed on books. It shall be the duty of all 
contractors to print plainly on the back of each book the contract 
price, as well as the exchange price at which it is agreed to be 
furnished, but the books submitted as sample or specimen copies 
with the original bid shall not have the price printed on them 
before they are submitted to the subcommission; and all books 
shall be sold to the consumer at the retail contract price, and on 
each book shall be printed the following: "The price fixed hereon 
is fixed by State contract, and any deviation therefrom should 
be reported to your county superintendent of public instruction 
or to the State Superintendent at Raleigh." 

1901, c. 1, ss. 9, 13, 19. 

4083. Agencies foe the distribution of books to patrons of 
PUBLIC schools; penalty. There shall be maintained in each 
county in the State not less than one and as many more agencies 
as the commission, upon recommendation of the county board of 
education, shall order, to be located at such points as the county 
board may recommend, for the distribution of books to the patrons, 
or the contractor shall be permitted to make arrangements with 
merchants or others for the handling and distribution of the 
books; and parties living in the county where no agency has been 
established or no arrangement made for distribution may order 
the same from one of the contractors, and it shall be the duty of«, 
the contractor or contractors to deliver any book so ordered to 
the person ordering, to his post-office address, freight, express, 
postage or other charges prepaid, at the retail contract price, 
if the price of the books so ordered shall be paid in advance. 
The contractors shall maintain one or more joint State deposito- 
ries at some convenient distributing point or points in the State, 
at which shall be kept at all times an ample supply of all adopted 
books for the convenient and expeditious supply of books to the 
local depositories in the various counties of the State. Whenever 
demanded and certified by the county superintendent of public in- 
struction of any county to be necessary, to secure and keep on 
hand an ample supply of books at any local depository, the con- 
tractors shall furnish books to such local depository upon con- 
signment. And every contractor shall be required to keep on 
hand at all times at every established agency in every county an 
ample supply of books to meet all demands of patrons and pur- 
chasers, and upon failure to do so, or upon failure to establish 
agencies when ordered to do so by the commission, as directed 
herein, the contractor shall be liable to a penalty of five hundred 
dollars for each and every failure to comply with the provisions 
of this section, to be sued for by the Attorney-General -in the name 
of the State in the Superior Court of the county of Wake, for the 
benefit of the school fund of the county injured by such failure; 
and if any contractor against whom judgment shall be obtained 



93 

for such penalty shall fail to pay the same within thirty days 
after the docketing thereof, he shall forfeit his contract, and the 
commission shall so declare, and shall thereupon proceed to make 
a new contract for books with some other contractor. The county 
superintendent shall notify the contractors annually of the date 
of opening the public schools, at least thirty days before they 
open. 

1901, c. 1, s. 13; 1903, c. 691, ss. 1, 2; 1911, c. 118, s. 1, par. (1). 

4084. Contract proclaimed by Governor; notices issued by 
State Superintendent. As soon as the commission shall have 
entered into a contract for the furnishing or supplying of books 
for use in public schools it shall be the duty of the Governor to 
issue his proclamation announcing such fact to the people of the 
State; and as soon thereafter as practicable the State Superin- 
tendent shall issue a circular letter to each county superintendent 
in the State and to such others as he may desire, which letter 
shall contain the list of books adopted, the prices, location of 
agencies, and method of distribution, and such other information 
as he may deem necessary. 

1901, c. 1, ss. 12, 15. 



94 



PUBLIC HIGH SCHOOL LAW 



AN ACT TO STIMULATE HIGH SCHOOL INSTRUCTION IN 
THE PUBLIC SCHOOLS OP THE STATE, AND TEACHER 
TRAINING. 

The General Assemtly of North Carolina do enact: 

HIGH SCHOOLS MAY BE MAINTAINED NOT LESS THAN SEVEN 
MONTHS ANNUALLY. 

Section 1. With the consent of the State Board of Education, 
the county board of education in any county may in its discretion 
establish and maintain, for a term of not less than seven school 
months in each school year, one or more public high schools for 
the county, at such place or places as shall be most convenient for 
the pupils entitled to attend and most conducive to the purposes 
of said school or schools. 

HiiGH SCHOOL COMMITTEE TO CONSIST OF THREE PERSONS. 

Sec. 2. For each public high school established under this act 
a committee of three persons shall be appointed by the county 
board of education, who shall be known as the School Committee 

of Public High School of 

County. The powers, duties and qualifications of said committee- 
men shall be similar to those of other public school committeemen. 
They shall be appointed as follows: one for a term of two years, 
one for a term of four years, and one for a term of six years; and 
at the expiration of the term of any committeeman his successor 
shall be appointed for a term of six years: Provided, that in 
case of death or resignation of any committeeman his successor 
shall be appointed for the unexpired term only. Within two 
weeks after appointment the committee shall meet and elect a 
chairman and a secretary and enter upon the performance of 
their duties: Provided further, that the board of trustees or 
school committee of any chartered school receiving aid under 
section six of this act shall serve as the high school committee 
for said school. 

ETJLES, regulations, AND COURSE OF STUDY. 

Sec. 3. All public high schools established and maintained 
under the provisions of this act shall be operated by the county 
board of education, under such general rules and regulations as 
may be prescribed by the State Board of Education. The courses 
of study for such high schools and the requirements for admis- 
sion to them shall be prescribed by the State Superintendent of 
Public Instruction. 



95 



INSPECTION, CERTIFICATES, AND MINIMUM SALAEY OF TEACHERS. 

Sec. 4. It shall be the duty of the county board of education 
to locate all high schools established under this act, to furnish 
the State Superintendent of Public Instruction with such infor- 
mation relative to said schools as he may require, and to make 
such local rules and regulations for the conduct of said schools 
as may be necessary: Provided, all public high schools estab- 
lished and aided under this act shall be subject to such inspection 
as may be directed by the State Superintendent of Public Instruc- 
tion and shall make such reports as shall be required by him: 
Provided further, that no one shall teach in any public high 
school that receives State funds under this act who does not hold 
a high school teacher's certificate from the State Board of Ex- 
aminers, who shall have power te prescribe a standard of schol- 
arship and examination for same; and Provided further, that no 
one shall be employed as teacher in such high school without the 
approval and recommendation of the county superintendent. The 
minimum salary of any public high school teacher holding such 
certificate and employed as high school teacher in such high 
school shall be forty dollars per school month. 

HIGH SCHOOLS AIDED MUST HAVE THREE TEACHERS. 

Sec 5. No public high school shall be 'established or maintained 
under this act in connection with any public elementary school 
having an annual school term of less than seven months; and 
every public elementary school operated in connection with a 
public high school established under this act shall have at least 
two teachers giving their full time to instruction in the branches 
of study required to be taught in the public elementary schools 
of the State; and no public high school shall be entitled to the 
benefits of this act that does not have at least one duly licensed 
high school teacher giving his full time to instruction in the 
high school branches as outlined by the State Superintendent of 
Public Instruction: Provided, that this section shall not be con- 
strued to prevent the principal of a public high school from 
serving as principal of the public elementary school operated in 
connection thereioith to the extent of exercising supervisory and 
disciplinary functions over said public elementary school. 

[Each school must have at least two teachers in addition to the 
high school teacher.] 

Sec. 6. (Substitute for). Public high schools shall not be estab- 
lished and aided under this act in towns or cities of more than 
twelve hundred inhabitants, except as is hereinafter provided in 
this section: Provided, that the county board of education may 
approve for the purposes of this act one regularly organized town 
or city high school of standard grade and may enter into agree- 
ment or contract with the board of trustees or committee of said 
high school whereby students of high school age and grade resid- 
ing outside the limits of said high school district and public schoo''- 



teachers of the county, may be permitted to attend for the full 
term each year said high school free of tuition. But no such con- 
tract or agreement shall entitle such high school to the benefits of 
this act until said contract or agreement shall have been approved 
by the State Board of Education. And when such contract or 
agreement shall have been approved by the State Board of Edu- 
cation said town or city high school shall be subject to the pro- 
visions and entitled to the benefits of this act: Provided further, 
that said toivn or city high school shall maintain an average daily 
attendance for the full term of at least ten high school students 
from outside the local district. 

CONDITIONS OF STATE AID. 

Sec. 7, The county superintendent of schools in any county in 
which said public high school or high schools shall be established 
shall give due notice of the same to the State Board of Educa- 
tion before any State funds shall be appropriated for the support 
of said school or schools after the recommendation and location 
of a public high school have been approved by the State Board 
of Education, and when the county treasurer of any county shall 
certify to the State Superintendent of Public Instruction that as 
much as two hundred and fifty dollars has been placed to the 
credit of any public high school established and inspected as pro- 
vided for in this act, thereupon a State warrant shall be issued 
upon requisition of the State Superintendent of Public Instruction 
for two hundred and fifty dollars and sent to the treasurer of the 
county in which such high school is located, to be placed to the 
credit of said high school and paid out exclusively for the support 
of said high school on the warrant of the high school committee, 
approved by the county superintendent of schools. The treasurer 
of each county in which such public high school or schools shall 
be established shall keep a separate account of the public high 
school fund, and at the end of each school year he shall make to 
the State Superintendent of Public Instruction and to the county 
board of education a report of all receipts and disbursements of 
said fund. 

MAXIMUM STATE AID FIVE HUNDKED DOLLARS AND NUMBER OF SCHOOLS 
AIDED IN ONE COUNTY LIMITED TO FOUR. 

Sec 8. If a larger amount than two hundred and fifty dollars 
be provided by taxation or by private donation or by local appro- 
priation, or otherwise, for the support of any public high school 
established and maintained under the provisions of this act, then 
the State shall contribute a like amount: Provided, that the 
State shall not contribute more than five hundred dollars in any 
one school year for the support of any one high school: Provided 
further, that not more than four public high schools in any one 
county shall be entitled under the provisions of this act to receive 
State funds. 



97 



NO SCHOOLS AIDED IN TOWNS OF MORE THAN ONE THOUSAND 
TWO HUNDRED. 

Sec. 9. Every public high school receiving State aid under this 
act shall maintain an average daily attendance of at least ten 
high school students for the required term, and any public high 
school making an average daily attendance of less than ten for 
the required term shall not be entitled to receive State aid under 
this act; and every public high school receiving the maximum 
State aid allowed under this act shall maintain for the required 
term an average daily attendance of at least twenty, and any 
public high school inaMng for the required term an average daily 
attendance of less than twenty shall have its apportionment from 
the State reduced proportionately . 

SUM OF SEVENTY-FIVE THOUSAND DOLLARS ANNUALLY APPROPRIATED. 

Sec. 10. The sum of seventy-five thousand dollars, or so much 
thereof as may be necessary, is hereby annually appropriated for 
the purposes of high school instruction and teacher training pro- 
vided for in this act. The State Board of Education shall have 
the power to fix such rules and regulations, in accordance with 
the provisions of this act, as may be necessary for the proper 
distribution of this fund. 

[Sections 11 to 18, inclusive, relate only to the East Carolina 
Teachers' Training School.] 

Sec. 19. That this act shall be in force from and after its rati- 
fication. 

In the General Assembly read three times and ratified, this the 
8th day of March, A. D. 1907. 

1907, c. 820; 1909, c. 525; 1911, c. 135; 1913, c. 149. 



98 



DEAF CH!LDREi\l MUST ATTEND SCHOOL 



AN ACT TO COMPEL WHITE DEAF CHILDREN TO 
ATTEND SCHOOL. 

The General AsseviMy of North Carolina do enact: 

Section 1. That every deaf child of sound mind in North Caro- 
lina shall attend a school for the deaf at least five school terms 
of nine months each, between the ages of eight years and fifteen 
years. 

Sec. 2. That parents, guardians or custodians of a deaf child 
or deaf children between the ages of eight and fifteen years shall 
send said child or children, or cause to be sent, to some school for 
the instruction of the deaf, at least five terms or sessions of nine 
months each, between the ages of eight years and fifteen years. 

Sec. 3. That parents, guardians or custodians of any deaf chil- 
dren between the ages provided in section two of this act failing 
to send said deaf child or deaf children to some school for instruc- 
tion, as provided in this act, shall be guilty of a misdemeanor, and 
upon conviction shall be fined or imprisoned, at the discretion of 
the court, for each year said deaf child is kept out of school, be- 
tween the ages herein provided: Provided, that said parents, 
guardians or custodians may elect two years between said ages of 
eight and fifteen years that a deaf child or deaf children may re- 
main out of school: Provided further, that this section shall not 
apply to or be enforced against the parent, guardian or custodian 
of any deaf child until such time as the superintendent of any 
school for the instruction of the deaf, by and with the approval 
of the executive committee of such institution, shall in his and 
their discretion serve written notice on such parent, guardian or 
custodian, dii-ecting that such child be sent to the institution 
whereof they have charge. 

Sec. 4. That it shall be the duty of the school census taker to 
report name, age and sex of each deaf child in his district, and 
name of parents, guardians or custodians and their post-office 
address, to the county superintendent of education, who shall send 
said report of names and addresses to the Superintendent of the 
North Carolina School for the Deaf and Dumb, located at Mor- 
ganton, N. C; that said census taker or county superintendent 
failing to make reports as provided in this act shall be fined five 
dollars ($5) for each white deaf child not so reported. 

Sec. 5. That said fine as provided in section three (3) of this 
act and said fine of five dollars ($5) provided in section four (4) 
of this act, when collected, shall be paid to the public school fund 
of the county in which such child lives. 

Sec. 6. That this act shall take effect the first day of Septem- 
ber, 1907. 

1907, c. 1007. 



99 



SCIENTIFIC TEMPERANCE INSTRUCTION 



AN ACT RELATING TO SCIENTIFIC TEMPERANCE 
INSTRUCTION IN THE PUBLIC SCHOOLS. 

The General Assembly of North Carolina do enact: 

Section 1. In addition to ths branches in which instruction is 
now required by law to be given in all schools supported wholly or 
in part by public money, instruction shall also be given as to the 
nature of alcoholic drinks and other narcotics and their effect upon 
the human system, in connection with the various divisions of 
physiology and hygiene, and such subject shail be taught in each 
school year below the second year in the high schools, and shall 
be taught as thoroughly as arithmetic and geography are taught 
in said schools: Provided, that the minimum amount of such 
instruction shall be two lessons each week for ten weeks, or the 
equivalent of the same, in schools employing one teacher, and 
three lessons each week for ten weeks, or the equivalent of the 
same, in schools employing two or more teachers. Such instruc- 
tion shall be given by the use of text-books in the hands of all 
pupils in all grades from the fourth grade to the first year in the 
high school, inclusive, or in corresponding classes in graded 
schools, and orally to all pupils in the first three or primary 
grades, by teachers using text-books adapted to such oral instruc- 
tion as a guide and standard; and all pupils must pass such 
tests as may be required in other studies before promoting to the 
next succeeding year's work, and such instruction shall be given 
as aforesaid to all pupils in all public schools of the State. 

Sec. 2. The text-books used for the instruction required to be 
given by the preceding section shall be graded to the capacities of 
the pupils, and for students below high school grade such text- 
books shall give at least one-fifth their space, and for students of 
fifth school grade they shall give not less than twenty pages to 
the nature and effects of alcoholic drinks and other narcotics; but 
no book in which the required amount of this subject shall ap- 
pear, in whole or part, as a separate chapter at the end of the 
book shall be considered as complying with the requirements of 
this statute, and no topical outline of study for the guidance of 
teachers which reduces the amount of temperance instruction 
below that which is required by the text-books provided for in 
this act shall be considered as complying with the intent of the 
law. No text-book on physiology and hygiene not conforming to 
this act shall be used in the public schools except so long as may 
be necessary to fulfill the conditions of any legal adoption existing 
at the time of the passage of this act. 

Sec. 3. In all normal schools, teachers' training classes, teach- 
ers' institutes, teachers' associations, summer schools and all other 
organizations for the equipment of teachers, adequate time and 



100 

attention shall be given to instruction in the best methods of 
teaching physiology and hygiene, with special reference to the na- 
ture of alcoholic drinks and other narcotics; and no teacher shall 
be licensed who has not passed a satisfactory examination in this 
subject and the best method of teaching it. 

Sec. 4. That it shall be the duty of the proper ofl&cer in control 
of any school or schools described in the first and third sections 
of this act to enforce the provisions of this act; and any such offi- 
cer, school director, committee, superintendent or teacher who 
shall refuse or neglect to comply with the requirements of this 
act or shall neglect or fail to make proper provision for the in- 
struction required and in the manner specified by this act for all 
pupils in each and every school under his control and supervision 
shall be removed from office and the vacancy filled as in other 
cases; and if it be satisfactorily proved that trustees or board of 
education or board of educational institutions, receiving money 
from the State have failed to enforce this act, as far as they have 
authority, it shall be deemed sufficient cause for withholding the 
warrant for the State appropriation of school money to which 
such district or educational institution would otherwise be en- 
titled. 

Sec. 5. This act shall be in full force from and after its ratifi- 
cation 

In the General Assembly read three times and ratified this the 
11th day of March, A. D. 1907. 

1907, c. 957. 



101 



HEALTH LAW 

Sec. 9. County board of health, who constitutes; eleci^ion 
COUNTY PHYSICIANS. The Chairman of the board of county commis- 
sioners, the mayor of the county town, and in county towns where 
there is no mayor the clerk of the Superior Court, and the county 
superintendent of schools shall meet together on the first Monday 
in April, one thousand nine hundred and eleven, and thereafter on 
the first Monday of January in the odd years of the calendar, and 
elect from the regularly registered physicians of the county, two 
physicians, who, with themselves, shall constitute the county board 
of health. The chairman of the board of county commissioners shall 
be the chairman of the county board of health, and the presence 
of three members at any regular or called meeting shall consti- 
tute a quorum. The term of office of members of the county board 
of health shall terminate on the first Monday in January in the 
odd years of the calendar, and while on duty they shall receive 
four dollars per diem, to be paid by the county. The county 
board of health shall have the immediate care and responsibility 
of the health interests of their county. They shall meet annually 
in the county town, and three members of the board are author- 
ized to call a meeting of the board whenever in their opinion the 
public health interest of the county requires it. They shall make 
such rules and regulations, pay such fees and salary, and impose 
such penalties as in their judgment may be necessary to protect 
and advance the public health: Provided, that all expenditures 
shall be approved by the board of county commissioners before 
being paid. The board of health shall meet on the first Monday 
ot July, one thousand nine hundred and thirteen, and thereafter 
on the second Monday of January in the odd years of the calendar, 
and elect either a county physician or county health officer, who 
shall serve thereafter until the second Monday in January of the 
odd years of the calendar: Provided, that if the county board of 
health of any county shall fail to elect a county physician or a 
county health officer within two calendar ni'.nths of the time set 
in this section the Secretary of the State Hoard of Health shall 
appoint a registered physician of good stp.ding in the said county 
to the office of county physician, who x:all serve the remainder 
of the two years, and shall fix his compensation to be paid by 
said county in proportion to the compensation paid by other coun- 
ties for like service, having in view the amount of tax collected by 
said county. 

Sec. 10. Rules of the county boaed of health. If any per- 
son shall violate the rules and regulations made by the county 
board of health he shall be guilty of a misdemeanor, and fined not 
exceeding fifty dollars or imprisoned not exceeding thirty days. 

Sec. 11. Duties of physicians and health officers, penalty 
for nonperformance. The duties of the county physicians shall be 



102 

to make the medico-legal post mortem examinations for the coro- 
ners' inquests, to make examination of lunatics for commitment, to 
render professional service to the sick inmates of the convict camp, 
jail, and county home, upon request of the superintendent or the 
keeper of these institutions, and to determine the nature of any 
particular disease, upon request of the quarantine officer or the 
deputy quarantine officer: Provided, that the county physician 
shall have the right to employ any other regularly registered 
physician of his county to perform any or all of the duties per- 
taining to the jail, county home, or convict camp, when in his 
judgment it is desirable to do so: Provided, however, that the 
terms under which physician is employed by the county physician 
shall be approved by the board of county commissioners: Pro- 
vided further, that if a county physician shall be employed to 
devote his entire time to the county public health work, he shall 
perform, in addition to the aforesaid duties, the duties of quaran- 
tine officer, and the following additional duties: he shall make a 
sanitary examination during the summer months of every public 
school building and grounds in the county, and no school commit- 
tee or teacher shall make use of any school building or grounds 
until the county superintendent of health shall certify in writing 
that said building and grounds have been inspected and found to 
be in a satisfactory sanitary condition within four months of 
the date of the certificate. He shall examine every school child 
that has previously been examined by the teacher according to 
methods furnished said teacher by the county superintendent of 
schools, and reported to said county superintendent of schools as 
probably defective in the condition of its eyes, ears, nose, or 
throat, and he shall further endeavor to have examined the feces 
of every child whom he suspects of hav^ing hookworm disease. 
He shall notify on blank forms and in accordance with instruc- 
tions furnished by the State Department of Public Instruction, 
every parent or guardian of a child having any defect of the 
aforesaid organs, or hookworm disease, and he shall suggest to 
said parent or guardian the proper course of treatment and urge 
that such treatment be procured. He shall cooperate fully with 
the county board of education, the county superintendent of 
schools, and the teachers in the public schools, to the end that 
children may be better informed in regard to the importance of 
health and the methods of preventing disease. He shall, through 
the county press, public addresses, and in every available way, 
endeavor to educate the people of his county to set a higher value 
on health, and to adopt such public and private measures as will 
tend to a greater conservation of life. Any violation of this sec- 
tion shall constitute a misdemeanor, and shall subject the de- 
fendant to a fine of not less than ten dollars nor more than fifty 
dollars. 



103 



COUMTY FARM-LIFE SCHOOL LAW 



AN ACT TO PROVIDE FOR THE ESTABLISHMENT AND 
MAINTENANCE OF COUNTY FARM-LIFE SCHOOLS AND 
FOR THE PROMOTION OF AGRICULTURE AND HOME 
MAKING. (Chapter 71, Public Laws of 1911.) 

The General Assembly of North Carolina do enact: 

Section 1. There shall be established and maintained in every 
county complying with the provisions of this act as hereinafter 
set forth a school to be knov/n as a "County Farm-life School" for 
the training and preparation of the boys and girls of said county 
for farm life and home making. 

THE AIM OF THE COUNTY FAEM-LIFE SCHOOL. 

Sec. 2. The aim of said school shall be to prepare boys for 
agricultural pursuits and farm life and to prepare girls for home 
making and housekeeping on the farm. The course of study in 
said school shall be subject to the approval of the State Superin- 
tendent of Public Instruction and an advisory board on farm-life 
schools, to be appointed by him: Provided, hoioever, that the 
course of study shall include practical work on the farm by the 
boys and practical work in all subjects relating to housekeeping 
and home making by the girls. 

BOARD OF TRUSTEES. 

Sec. 3. Said school shall be under the control and management 
of a board of trustees, consisting of one member from each town- 
ship in the county, appointed by the county board of education, 
who shall serve until their successors shall be appointed. The 
first board of trustees shall be divided by the county board of 
education into' three as nearly equal groups as possible — one 
group shall be appointed for a term of two years, one group for a 
term of four years, and one group for a term of six years. Upon 
the expiration of the term of office of any trustee his successor 
shall be appointed for a term of six years. The county superin- 
tendent of public instruction shall be ex officio a member of said 
board and secretary thereof. All vacancies occurring by death, 
resignation or otherwise, in said board shall be filled for the un- 
expired term by the county board of education. 

Sec. 4. Within ten days after any county, township or town- 
ships shall have complied with the provisions of this act as 
hereinafter set forth for the maintenance and equipment of said 
school, the members of the board of trustees shall be appointed, 
and the county superintendent shall duly notify them to meet at 
the county seat within ten days after their appointment to qualify 
and organize. 



104 



LOCATION. 

Sec. 5. After due advertisement, inviting bids for the location 
of said scliool within said county, said board of trustees shall 
locate it at such place in said county as shall offer the largest 
financial aid for maintenance and equipment, having due regard 
for desirability and suitability of location: Provided, however. 
that said school shall not be located in any city or town of more 
than one thousand inhabitants, nor within two miles of the cor- 
porate limits of any city or town of more than five thousand in- 
habitants. 

BUILDINGS. FARM, MAINTENANCE, ETC. 

Sec. 6. For the maintenance of said school, the county or town- 
ship or school district, or all combined, wherein it is located, shall 
provide annually, by taxation or otherwise, not less than twenty- 
five hundred dollars. The county or township or school district, 
or all combined, shall also provide by bond issue, or otherwise, the 
following equipment for said school: a school building with reci- 
tation rooms and laboratories and apparatus necessary for effi- 
cient instruction in the prescribed subjects of study; dormitory 
buildings with suitable accommodations for not less than twenty- 
five boys and twenty-five girls; a barn and dairy building with 
necessary equipment; a farm of not less than twenty-five acres 
of good arable land. All of said buildings shall be located on said 
farm and shall be constructed in accordance with plans approved 
by the State Superintendent of Public Instruction, and the entire 
equipment shall be subject to his approval and acceptance after 
inspection: Provided, however, that, upon recommendation of the 
board of trustees and the presentation of satisfactory reasons 
therefor, the State Superintendent of Public Instruction may 
grant permission to said board of trustees to accept any suitable 
and properly equipped school building already constructed, though 
it may not be located on said farm, provided it be located within 
reasonable and convenient distance thereof, and may also grant 
permission to reduce the required acreage for the farm to not less 
than ten acres. 

PROVISION FOR ELECTION IN COUNTY. 

Sec 7. Upon written request of the county board of education 
of any county, the board of county commissioners of said county 
may in their discretion order an election to be held in said county, 
in accordance with the law governing general elections therein, 
as nearly as may be: Provided, however, that a new registration 
shall be ordered for said election; and not less than thirty days 
notice of said election shall be given at the court house door and 
three other public places in said county; and if there be news- 
papers published in said county, a notice of said election shall 
also be publisned weekly for four successive weeks preceding said 
election in one newspaper therein; and the registrars and poll- 
holders shall canvass the vote cast, declare the result, and duly 
certify the returns to the board of county commissioners, and the 



105 

returns shall be recorded in the records of said board of county 
commissioners. At said election shall be submitted to the quali- 
fied voters of the county the question of levying and collecting a 
special tax on all taxable property and polls of said county for 
the maintenance and equipment of a "County Farm-life School" 
therein. At such election those favoring the levying and collec- 
tion of such a tax for said purpose shall vote a ballot on which 
shall be written or printed the words "For County Farm-life 
School"; and those opposed shall vote a ballot on which shall be 
written or printed the words "Against County Farm-life School." 
If a majority of the qualified voters shall vote "For County Farm- 
life School," then all the provisions of this act shall be in full 
force and effect, and the county commissioners shall annually 
levy and cause to be collected, in the same manner and at the 
same time as other taxes of the county are levied and collected, a 
tax on all property and polls of the county sufficient to provide 
the sum required of said county under section six of this act for 
the annual maintenance of said school, and, in addition, the sum 
required for the payment of the annual interest on such bond 
issue as may be found necessary for providing the equipment for 
said school required under section six of this act, as said interest 
accrues, and to create a sinking fund for the purpose of paying 
off and discharging said bonds as they become due. The bond of 
the sheriff or tax collector of said county shall be responsible for 
said tax to the same extent as it is liable for other taxes collected 
by him. 

BONDS TO BE ISSUED. 

Sec. 8. If a majority of the qualified voters at the election 
herein provided for shall vote "For County Farm-life School," it 
shall be deemed and held that a majority of the qualified voters 
are in favor of granting to the board of county commissioners of 
said county authority to issue bonds in an amount not to exceed 
twenty-five thousand dollars for the purpose of providing the nec- 
essary equipment prescribed in section six of this act; and such 
authority shall be granted to and vested in said board of county 
commissioners and said board is hereby authorized and empow- 
ered to issue and sell bonds in the name of said county to am 
amount not to exceed twenty-five thousand dollars, of such de- 
nomination and of such proportion as said board of county com- 
missioners may deem advisable, bearing interest at a rate not to< 
exceed six per centum, with interest coupons attached, payable 
at such time or times and at such place or places as may be 
deemed advisable by said board of county commissioners, such 
bonds to be of such form and tenor and transferable in such way, 
and the principal thereof payable or redeemable at such time or 
times, not less than fifteen years from the date thereof, and at 
such place or places as said board of county commissioners may 
determine. The proceeds arising from the sale of said bonds shall 
be expended by said board of county commissioners in providing;. 



106 



by purchase or otherwise, the equipment in land, buildings and 
apparatus required in seeticn six of this act for the "County Farm- 
life School": Provided, Jionever, that the treasurer of said county 
shall receive no compensation for receiving or disbursing the 
money which may be received from the sale of said bonds. 

ELECTION IN TOVS^NSI-Iir — ISSUANCE OF BONDS TO SECTJEE LOCATION. 

Sec. 9. The county commissioners of any county that has voted 
for the establishment of a "County Farm-life School" therein shall, 
upon petition of one-fourth of the freeholders in any township 
applying to the trustees of said "County Farm-life School" to 
secure the location of said school therein, order an election therein, 
to be held after thirty days notice at three public places in said 
township, under the law governing State and county elections as 
nearly as may be, and the returns of said election shall be certi- 
fied by the registrars and pollholders to the board of county com- 
missioners, and the same shall be recorded in the records of said 
county commissioners; at which election shall be submitted to the 
qualified voters of said township the question of issuing bonds in 
a sum not to exceed twenty-five thousand dollars, the amount of 
said bond issue to be set out in the petition for said election, and 
of levying and collecting on all taxable property and polls in said 
township a special tax sufficient to provide for the payment of the. 
interest on said township bonds as it accrues and to create a sink- 
ing fund for the purpose of paying off and discharging said town- 
ship bonds as they become due. At such election, those favoring 
the levying and collection of such a tax for said purpose shall vote 
a ballot on which shall be written or printed the words "For 
County Farm-life School," and those opposed shall vote a ballot 
on which shall be written or printed the words "Against County 
Farm-life School." If a majority of the qualified voters at said 
election shall vote "For County Farm-life School," then it shall 
"be deemed and held that a majority of the qualified voters are in 
favor of granting to the board of county commissioners of said 
county authority to issue bonds in the name of said township in 
such amount as shall have been named in the petition and notice 
of election, to be sold by said commissioners for the purpose of 
aiding in providing the buildings and farm and other equipment 
for the "County Farm-life School," provided said school shall be 
located in said township; and if said school shall be located in 
■said township, the board of county commissioners shall annually 
levy and cause to be collected, in the same manner and at the 
same time as other taxes of the county are levied and collected, a 
tax on all property and polls in said township, sufficient to pro- 
vide for the payment of interest on said township bonds as it 
accrues and to create a sinking fund for the purpose of paying off 
and discharging said township bonds as they become due; and said 
l)oard of county commissioners is hereby authorized and empow- 
ered to issue and sell said bonds of said township to the amount 



107 

specified in said petition and notice of election, of such denomina- 
tion and of such proportion as said board of county commissioners 
may deem advisable, bearing interest at a rate not to exceed six 
per centum, with interest coupons attached, payable at the time 
or times, and at the same place or places, and of the same form 
and tenor, and the principal thereof payable or redeemable at the 
same time or times and at the same place or places as the county 
bonds issued by said board of county commissioners for the equip- 
ment of said "County Farm-life School." The proceeds arising 
from the sale of said township bonds shall be added to the pro- 
ceeds arising from the sale of said county bonds and expended 
therewith by said board of county commissioners in providing, by 
purchase or otherwise, the equipment in land, buildings and ap- 
paratus required in this act for the "County Farm-life School": 
Provided, hoivever, that any two or more contiguous townships 
bidding for the location of said "County Farm-life School" may 
unite and hold an election upon the same terms and conditions as 
are herein provided for one township for the location of the 
"County Farm-life School" at such point in said townships as may 
be determined by the board of trustees of said "County Farm-life 
School": Provided, that the amount of bonds authorized to be 
issued by one or more townships in order to secure the location 
of the "County Farm-life School" in a given township shall be de- 
ducted from the amount of bonds authorized to be issued by the 
county, so as to limit the total issue of the bonds for farm, build- 
ings and equipment to twenty-five thousand dollars. 

IF ELECTION FAILS IN COUNTY, TOWNSHIP OR CONTIGUOUS TOWNSHIPS 
MAY PROVIDE FOR ESTABLISHMENT OF COUNTY FARM-LIFE SCHOOL. 

Sec. 10. In case an election shall be ordered and held in any 
county as herein provided, for the establishment and maintenance 
of a "County Farm-life School" therein, and a majority of the 
qualified voters at such election shall fail to vote "For County 
Farm-life School" any township in said county, or any two or 
more contiguous townships in said county, shall, upon petition of 
one-fourth of the freeholders therein to the board of county com- 
missioners of said county, have an election ordered by said com- 
missioners upon the same terms and conditions prescribed in sec- 
tion nine of this act: Provided, that a new registration shall be 
ordered ; and if in such election a majority of the qualified voters 
in said township or townships shall vote "For County Farm-life 
School," then, in that event, it shall be deemed and held that the 
board of county commissioners of said county is authorized and 
empowered to issue and sell bonds in the name of said township 
or townships in an amount not to exceed twenty-five thousand dol- 
lars, and to levy and cause to be collected in the same manner 
and at the same time as other taxes of the county are levied and 
collected, a sufficient tax on all property and polls in said town- 
ship or townships to comply with all the conditions named in this 



108 

act for the maintenance and equipment of a "County Farm-life 
School," subject to the same conditions as are herein provided 
for the issuance and sale of county bonds and the levying and col- 
lection of a county tax for said purpose; and the said "County 
Farm-life School" shall thereupon be located at such point in said 
township or townships as may be determined by the board of 
trustees of said "County Farm-life School" provided for in this 
act; and such school, when thus established, shall be a "County 
Farm-life School" for said county, and shall be subject to all the 
rights, privileges and obligations and conditions prescribed in this 
act for "County Farm-life Schools," except as herein otherwise 
provided: Provided further, that at any time after the establish- 
ment of said "County Farm-life School" by the township or town- 
ships under the provisions of this section, the county may, under 
the provisions of section seven of this act, hold an election as 
therein provided; and if at said election a majority of the quali- 
fied voters of the county shall vote "For County Farm-life School," 
and the tax and bond issue provided for in said section seven for 
the maintenance and equipment of a county farm-life school 
shall be provided, as directed therein, by the county commissioners 
for the entire county, said school, established under this section 
by the township or townships, shall become a county farm-life 
school in all respects like a county farm-life school established 
under section seven hereof; and the bonds of the township or 
townships and the tax levied for the maintenance of said school 
and for interest and sinking fund on said bonds, under this sec 
tion, shall be assumed by the entire county, as provided in section 
seven hereof, and the bonds of said township or townships shall be 
canceled by substituting therefor the county bonds provided for 
in section seven hereof . 

HIGH SCHOOL, DEPARTMENT CONDUCTED IN CONNECTION WITH COUNTY 
FARM-LIFE SCHOOL. 

Sec. 11. There shall be established and maintained in connec- 
tion with each county farm-life school such a high school course 
of study as is prescribed under the high school law of the State for 
first-grade public high schools, and for the maintenance of such 
high school department of the county farm-life school there shall 
be the same county and State apportionments as are now made 
and required for a first-grade public high school under the pro- 
visions of the public high school law of the State. If an additional 
apportionment for said high school department of said school can- 
not be made out of the State appropriation for public high schools, 
then the State and county appropriations for one or more of the 
existing high schools in said county shall be transferred to the 
maintenance and support of said high school department of said 
county farm-life school. If said county farm-life school shall 
be located at the same place with some existing public high school 
in said county established and maintained under the public high 



109 

school law of the State, then said public high school shall be 
merged into and become the high school department of said county 
farm-life school as an organic part thereof; and the appropriations 
rcr the maintenance thereof shall be the same as the appropria- 
tions now required for a first-grade public high school under the 
provisions of the public high school law of the State. The require- 
ments for teachers in said high school department of the county 
farm-life school shall be the same as are now required for high- 
school teachers under the said high school law. Said high school 
department and course of study, however, and thu entire man- 
agement of the same shall be under the direction and control of 
the board of trustees and the principal of the county farm-life 
school, and shall be conducted as an organic part of said school. 

CERTIFICATION OF TEACHERS. 

Sec. 12. No person shall be employed as principal in charge or 
any "County Farm-life School" who does not hold a high school 
teacher's certificate on all required subjects except Latin, Greek, 
and modern languages, including an additional certificate from the 
State Board of Examiners and the president of the North Caro- 
lina College of Agriculture and Mechanic Arts, stating that he 
has furnished satisfactory evidence to them of his qualifications 
by special training and practical experience for said position. 
And no person shall be employed in the department of said 
"County Farm-life School" for the special training of girls for 
home making and housekeeping on the farm who does not hold a 
high school teacher's certificate on all required subjects except 
Latin, Greek, and modern languages, including an additional cer- 
tificate from the State Board of Examiners and the president of 
the State Normal and Industrial College, stating that such per- 
son has furnished to them satisfactory evidence of qualifications 
by special training and practical experience for said position. 

AGRICULTURAL AND FARM-LIFE EXTENSION AND DEMONSTRATION — 
SHORT COURSES FOR ADULTS, MEN AND "WOMEN. 

Sec. 13. It shall be a part of the duty of the faculty of each 
"County Farm-life School" to conduct agricultural farm-life ex- 
tension and demonstration work in said county, in cooperation, 
as far as possible, with such work carried on in said county by 
the State Department of Agriculture, the North Carolina College 
of Agriculture and Mechanic Arts, and the United States Depart- 
ment of Agriculture; to hold township and district meetings in 
various parts of the county from time to time for farmers and 
farmers' wives; to cooperate with the county superintendent of 
public instruction and with the county commissioner of agricul- 
ture, where such officer exists, in stimulating, directing, and 
supervising practical farm-life work in the public high schools 
and the elementary schools of the county, and in providing in- 
struction, through the county teachers' association and through 



110 

special short courses of study at said "County Farm-life School," 
for the public school teachers of said county. There shall be pro- 
vided in the courses of study of said "County Farm-life School" 
short courses in farm-life studies to which shall be admitted adult 
farmers, men and women; and there shall be held at said "County 
Farm-life School" annually one or more county meetings for the 
farmers and their wives of said county for instruction and demon- 
stration work. All of the work herein required and all other 
work of the "County Farm-life School" shall be under the general 
supervision of the county superintendent of public instruction, 
and said school shall in all respects be an organic part of the 
county public school system. 

ADMISSION OF STUDENTS FROM OTHER COUNTIES. 

Sec. 14. The board of trustees of the "County Farm-life School" 
of any county is hereby authorized and empowered to admit stu- 
dents from other counties of the State to said school upon pay- 
ment of such rate of tuition as said board of trustees may fix; 
but all students who are residents of the county in which said 
school is located shall be admitted to said school without charge 
for tuition, except as provided for in section ten of this act; and 
said board of trustees shall fix all other charges in said school at 
actual cost. 

treasurer of COUNTY FARM-LIFE SCHOOL. 

Sec. 15. The treasurer of said county shall be the treasurer of 
said "County Farm-life School," and shall receive and disburse all 
funds therefor, keeping and rendering annually to the board of 
trustees of said school a separate account of such receipts and 
disbursements: Provided, that said treasurer, if employed on 
salary, shall receive no additional compensation for his services; 
and if employed on commission, he shall receive as compensation 
not to exceed one per cent on all disbursements and nothing on 
receipts. The ofiicial bond of said treasurer shall be responsible 
and held liable for all funds coming into his hands for said school 
to the same extent as it is liable for other funds received by him 
as treasurer of said county. 

the CORPORATE NAME. 

Sec. 16. The board of trustees of the said "County Farm-life 
School" and their successors in oflace shall be and are hereby con- 
stituted a body corporate by the name and style of "The Board of 

Trustees of the County Farm-life School of County," 

and by that name may sue and be sued, contract and be contracted 
with, purchase, hold and sell real estate and personal property, 
receive donations by gift or otherwise, and exercise such other 
rights and privileges as are conferred by law upon corporate 
bodies. The title to all lands and other property of the "County 
Farm-life School" shall vest in said board of trustees. 



Ill 



APPROPRIATION OF STATE FUNDS. 

Sec. 17. Upon satisfactory evidence furnished to the State 
Board of Education that all the provisions of this act for the 
establishment, maintenance and equipment of a "County Farm-life 
School" have been complied with in any county, the said State 
Board of Education shall order the State Supeinntendent of Public 
Instruction to issue a requisition upon the State Auditor for the 
sum of two thousand five hundred dollars annually for the main- 
tenance of said school, and the State Auditor shall issue his war- 
rant in favor of the county treasurer of said county for said 
amount, which shall be paid out of the State Treasury and the 
money placed to the credit of the "County Farm-life School" of 
said county; and sufficient moneys to pay said warrants are here- 
by appropriated out of any funds in the hands of the State Treas- 
urer not otherwise appropriated: Provided, lioioever, that there 
shall not be established more than ten such schools in any one 
year, and that not more than one such school shall be established 
in any county. 

Sec. 18. This act shall be in full force and effect from and after 
its ratification. 

Ratified this the 3d day of March, A. D. 1911. 

1911, c. 84. 



SPECIAL COUNTY TAXATION FOR SCHOOLS 



AN ACT TO AUTHORIZE ANY COUNTY IN NORTH CARO- 
LINA TO VOTE UPON THE LEVYING AND COLLECTION 
OF A SPECIAL TAX ON PROPERTY AND POLLS TO SUP- 
PLEMENT THE COUNTY SCHOOL FUND OF SAID 
COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. That the county commissioners of any county, upon 
the petition of the county board of education of said county, may 
order an election to be held in said county to ascertain the will 
of the people whether there shall be levied on all taxable prop- 
erty and polls of said county a special tax, not to exceed thirty 
cents on the one hundred dollars valuation of property and ninety 
cents on each poll, to supplement the county school fund of said 
county. 

Sec. 2. That said election shall be conducted for the county as 
nearly as may be under the same rules and regulations governing 
district special school tax elections, as set out in section four 
thousand one hundred and fifteen of The Revisal of one thousand 
nine hundred and five of North Carolina. 



112 

Sec. 3. That in case a majority of the qualified voters at said 
election shall vote in favor of said tax, the same shall be annually 
levied and collected in the same manner and at the same time as 
other taxes of the county are levied and collected. 

Sec. 4. That in case a majority of the qualified voters at said 
election in any township of said county shall vote for said special 
tax, the same shall be annually levied and collected in said town- 
ship in the same manner and at the same time as other taxes are 
levied and collected, and used to supplement the school fund of 
said township. 

Sec. 5. That in case a majority of the qualified voters at said 
election in any township or in the entire county shall vote in 
favor of said special tax, on petition of a majority of the members 
of the board of trustees or the school committee of any existing 
special tax district within said township or county so voting, the 
county commissioners shall reduce the annual special local tax 
levy of said district by an amount not exceeding the special levy 
provided for the county or township under this act. 

Sec. 6. That in ease a majority of the qualified voters at said 
election in any county shall fail to vote for said special tax, on 
petition of a majority of the members of the county board of 
education of said county, the county commissioners may, after 
thirty days notice, order an election in any subsequent year after 
the first election for the same purpose and under the same regula- 
tions as the first election herein provided for in any or all of the 
townships of said county that shall have failed to carry said 
special tax in the former election. 

Sec. 7. That the expense of holding said election shall be paid 
out of the county school fund of said county. 

Sec. 8. That this act shall be in full force and effect from and 
after its ratification. 

Ratified this the 3d day of March, A. D. 1911. 

1911, c. 71. 



PART II 



CONSTRUCTIONS 



PUBLIC SCHOOL LAWS 



NORTH CAROLINA 



BY THE STATE 



SUPERINTENDENT OF PUBLIC INSTRUCTION 



"The County Board of Education and all other school officers in 
the several counties shall obey the instructions of the State 
Superintendent and accept his constructions of the school law." 
(Sec. 4090, chapter 89, Revisal of 1905.) 



114 



A. 

STATE SUPEEINTEHDEJfT'S CONSTRUCTIO!^ OF THE COM- 

PULSORY ATTEIS^DANCE ACT OF THE GEJfERAL 

ASSEMBLY OF 1913. 

A conservative, State-wide compulsory attendance law was 
passed by the General Assembly of 1913, requiring attendance for 
four months continuously each "year of all children between the 
ages of eight and twelve years, allowing reasonable exemptions 
and providing reasonable penalties and adequate but inexpensive 
machinery for its enforcement. The following amendment to 
this bill v/as adopted and made section 11 of the act: 

"The board of education of each county shall have power at 
their regular meeting held in July of each year and thereafter at 
any regular meeting to make such rules and regulations as they 
may deem best to secure the attendance of all children between 
the ages of eight and twelve years upon schools of the county, 
and such rules and regulations, when approved by the county 
superintendent of public instruction, and posted at the court- 
house door and at the door of each public schoolhouse in the 
county, shall supersede any provision of this act in conflict 
therewith." 

On account of a natural misconstruction by the press of the 
State in its reports of the meaning and effect of this amendment 
there is a widespread but erroneous opinion that any county board 
of education can, at its pleasure, set aside and practically nullify 
this act. In my opinion the amendment does not by any means 
nullify the act. It is still obligatory upon every county to pro- 
vide for compulsory attendance; in fact, the amendment itself 
states its purpose to be "to secure the attendance of all children 
between the ages of eight and twelve years upon the schools of 
the county." No county board of education, therefore, is author- 
ized to adopt any rules and regulations different from the pro- 
visions of the act that will not secure such attendance. This 
amendment, which is made section eleven of the act, must be con- 
strued with the other sections of the act, so that all may stand 
together if possible, and so as to accomplish its clearly stated 
purpose of securing the attendance of all children between the 
ages of eight and twelve years upon the schools of the county. 
In my opinion, therefore, it is clearly an enabling instead of a 
disabling section of the act applicable only to the machinery for 
the enforcement of the law for securing compulsory attendance, 
allowing discretion in the modification of this machinery so as to 
meet the different conditions in different counties, but conferring 
no power upon the county board to revoke or annul the general 
and fundamental provisions of the law as set forth in the first 
four sections thereof, or to defeat the purpose of the law as 
clearly set forth therein and reaffirmed and emphasized in the 



115 

amendment itself "to secure the attendance of all children be- 
tween the ages of eight and twelve years upon the schools of the 
county." 

If the purpose and effect of this amendment should be construed 
to be to authorize county boards of education by passing rules 
and regulations to annul a law passed by the General Assembly, 
and in effect to enact another law in lieu thereof, then the amend- 
ment would de facto confer legislative power upon the county 
board of education and would therefore be clearly unconstitu- 
tional. It would seem to be clear that the amendment was in- 
tended not to destroy the law, but to give flexibility to its ad- 
ministration. This is my construction of this law. In this con- 
struction the Attorney-General concurs. Under section 4090 of 
The Revisal of 1905, all school officers in the various counties are 
required to accept the State Superintendent's construction of the 
School Law; therefore, this construction of the compulsory at- 
tendance law will hold until overruled by the courts of North 
Carolina. 

The purpose of the whole act to secure attendance of all chil- 
dren between the ages of eight and twelve years upon the public 
schools is so clear, and the provisions of the compulsory attend- 
ance law are so moderate, reasonable and conservative, that I 
earnestly hope and believe that most of the county boards of edu- 
cation will find it unnecessary and undesirable to make any 
material changes in them, and will cooperate heartily in the en- 
forcement of the law practically unchanged. 

I. 

DUTIES AHD POWERS OF THE COUNTY BOARD OF 
EDUCATION. 

1. Failure to Qualify as Member of Board of Education; Va- 
cancy Filled, How. — The failure of a member of the county board 
of education appointed by the Legislature to qualify creates a 
vacancy that must be filled by the State Board of Education. 
Also, whenever a vacancy occurs in a county board of education, 
on account of resignation, death or otherwise, such vacancy shall 
be filled by the remaining members of the board. If this is not 
done within thirty days after the occurrence of such vacancy, it 
shall be filled by the State Board of Education. 

2. Selecting a County Superintendent. — The board has no more 
important duty than this, of electing a county superintendent. I 
beg to urge the observance of the following in the selection of a 
county superintendent: (1) Without fear, without prejudice, 
political or sectarian, having before your eyes only the welfare of 
the children and the success of the public schools, select the most 
competent man to be had for the money, choosing him from your 
county, if such a man is to be found there, and if not to be found 
in the county, seeking him wherever he can be found, as the lav/ 



116 

permits. (2) If your present county superintendent possesses 
the necessary qualifications for a successful administration of his 
delicate, difficult and important duties, as I trust he may, reelect 
him and give him a chance to show what is in him and to make 
a greater success of his work, by paying him, if possible, a suffi- 
cient salary, under section Jilli-'h to justify him in giving all his 
time and thought to the v/ork of supervision, and to justify you 
in requiring him to do this. (3) Take advantage of the law and 
pay your superintendent as large a salary as your school fund 
will justify, but be sure that you get more man and more time 
for more money. The county superintendent's office is the most 
important office in the county. He need not he a resident of the 
county when elected. If possible, he should he paid large enough 
salary to enable him, to devote all his time to his tvork. 

3. School Term Should be Continuous. — The purpose of section 
4123 is to prevent the division of the school term into two, as was 
so often done formerly, to the detriment of the school. It simply 
means that the school term must not he divided and taught during 
different seasons of the year, unless some epidemic or other provi- 
dential cause interferes with the regular term. The county hoard 
must exercise this control if it ivould carry out the provisions of 
section JfllG. 

4. County Board and Superintendent May Make Kegulations to 
Secure Regular and Prompt Attendance of Pupils and Teachers. — 
Under the provisions of section Jfl22 the county hoard and the 
county superintendent may make and enforce such attendance 
regulations as may he necessary to secure regular and prompt at- 
tendance on the part of the children. The same authority may 
also regulate the attendance of teachers on all meetings which 
may he thought to promote educational progress. 

5. Mandamus Proceeding Against Commissioners Refusing to 
Levy Tax. — When the county board of education has estimated 
the amount of money additional it will take to run the schools of 
the county four months and has requested the county commis- 
sioners to levy an additional tax sufficient to supply the deficit, 
the commissioners having no discretion in the matter, are com- 
pelled to make the additional levy. If they refuse to do so, the 
board of education should bring a mandamus proceeding to com- 
pel the county commissioners to levy the tax. (Aug. 16, 1909.) 

6. Expense of County Board in Maintaining Its Authority Au- 
thorized. — Any reasonable expense, including attorneys' fees, in- 
curred by the county board of education in maintaining its au- 
thority, and in executing the school law is authorized by section 
4125. The county board, however, sits as a court, and I do not 
think it would be justified in employing counsel to maintain a 
position taken by one faction in a district against another faction 
of the people. The position of the board is and ought always to 
be a judicial one, but after the board has taken a position upon 
any question, or has made a ruling, then it would be both lawful 



117 



and proper for it to employ necessary counsel to sustain it 
(April 2, 1909.) 

7. Lease of School Property by County Board. — The county 
board of education has no authority to lease a part of the school 
building to secret order, or for other purposes, for a period of 
time extending beyond its term of office. (January 15, 1910.) 

8. Scliool Sites: Power of County Board to Fix, Not Limited. — 
The power of the county board of education to fix a school site in 
any school district, local tax or non-local tax, is not limited. 
(January 17, 1911.) 

9. County Board May Offer Reward for Arrest. — The county 
board of education has the authority, under the general provisions 
outlined in section Jil21 of TJie Revisal, to offer a reasonable 
reward for the apprehension and conviction of the parties who 
burned the public schoolhouse. (April 12, 1911.) 

10. Member of County Board May be Allowed Compensation for 
Services as Acting Superintendent.— In case of a vacancy in the 
office of county superintendent, pending a bona fide effort to fill 
the vacancy, a member of the county board acting as county 
superintendent may receive a compensation for this service. (June 
27, 1911.) 

11. Ketirlng" Member of Board of Education Has no Yoice in 
Selecting- Superintendent. — A retiring member of the county board 
of education whose term of office expires on the day the county 
board is to select a county superintendent for the next two years, 
has no voice in the selection of said superintendent. The super- 
intendent should not be chosen until the incoming new member 
of the board has qualified and has taken his place as a member of 
board. (July, 1911.) 

12. Office Expenses for County Superintendent: County Board 
Must Provide for. See II, 1. 

13. Teacher Can Not Expect Reimbursement from School Fund 
for Stolen Property. See IV, 12. 

14. High School Principal Can IVot Serve as Member of County 
Board. See IV, 13. 

15. Public Schools for Indians, County Board Must Provide. 
See V, 8. 

16. Fixing Boundaries of Districts Left to Discretion of County 
Board. See VI, 1. 

17. Change in County Lines Does Not Interfere With Unused 
Previous Apportionment. See VI, 3. 

18. Boundaries of Local Tax Districts, How Changed. See 
VI, 4. 

19. Boundaries of Local Tax Districts Can Not be Changed so 
as to Reduce District After Election is Called. See VI, 5. 

20. Special Tax District Including Parts of Two Counties Not 
Authorized. See VI, 6. 

21. Special Tax District: Commissioners Can Not Levy More 



118 

Than Maximum Rate; Can ]Vot Reduce Amount to he Voted on 
After Notice of Election. See VI, 8. 

22. Taxation in Local Tax Districts, Commissioners Can Not 
Change Rate of. See VI, 9. (But see also X, 5.) 

23. Compensation for Disbursement of City School Fund. See 
VI, 16. 

24. Loans, to Whom; Installments, How Paid. See VIII, 1. 

25. Additional Apportionment by County Board to Meet Interest 
and Installment on Loans. See VIII, 2. 

26. County Appropriations for Libraries. See VIII, 3. 

27. County Board Has no Authority to Designate Bank at Which 
Treasurer Shall Deposit School Fund. See IX, 1. 

28. Fines, Forfeitures, etc.. Can Not be Remitted. See IX, 4. 

29. Ordering Local Tax Election: County Board of Education 
Has Discretion; County Commissioners Have Not. See X, 4. 

30. How Special Tax May be Repealed. See X, 6. 

31. Title to School Property in District Created by Legislature 
Remains in County Board. See XI, 1. 

32. Control of School Property Vested in Committee and County 
Board. See XI, 2. 

33. Proceeds from Sale of School Property. See XI, 3. 

34. Condemnation Proceedings, When and How Instituted. See 
XI, 4. 

35. Land Acquired by County Board Does Not Rerert to Heirs. 
See XI, 5. 

36. Property Deeded for School Purposes; When it Rererts to 
Heirs. See XI, 6. 

37. Insurance on School Property, How Paid. See XI, 7. 

38. Plans for Buildings Must be Approved and Buildings In- 
spected. See XI, 8. 

39. Doors of Schoolhouses Must Open Outward. See XI, 9. 

40. One-half the Cost of New Schoolhouses May be Paid by 
County Board. See XI, 10. 

41. Public School Building Not Subject to Statutory Lien. 
See XI, 11. 

II. 
THE COUNTY SUPERINTENDENT. 

1. Office Expenses for County Superintendent: County Board 
Must Provide for — Section 4139 of the Public School Law re- 
quires the county board of education to provide the county super- 
intendent with an office at the county seat. I do not think there 
can be any doubt as to the meaning of these words. Evidently an 
office without heat would be an unheard-of thing; therefore I am 
sure that fuel should be included, also necessary furniture and 
office supplies. 

2. Weekly and Monthly Reports. — The law fully authorizes the 
county superintendent to require such reports from teachers in 
charge of public schools as to him seem advisable. Voucher for 



119 

teacher's salary should not be approved at the end of the month 
till the monthly report has been received. The same rule should 
be adopted with reference to final reports. 

3. May a County Superintendent Teach 2— For good and suffi- 
cient reasons, a county superintendent will be permitted to teach 
during the year, provided satisfactory arrangements be made for 
visiting the schools while in session and otherwise obeying the 
law. Whatsoever arrangements are made should be submitted 
to the State Superintendent and the State Board of Education 
for approval. But it is best, wherever possible, for the superin- 
tendent to give his undivided time to the supervision of the schools 
in his county. 

4. Selecting a County Superintendent. See I, 2. 

5. Member of County Board May be Allowed Compensation for 
Services as Acting Superintendent. See I, 10. 

6. Betiring Member of County Board Has no Yoice in Selecting 
Superintendent. See I, 11. 

7. College Diploma no Exemption from Examination. See 
IV, 1. 

8. What Constitutes a School Day? See IV, 10. 

9. Eeports from City Schools. See VI, 17. 

10. Plans for Schoolhouses Must be Approved and Buildings 
Inspected. See XI, 8. 

III. 

DUTIES AND POWERS OF SCHOOL COMmTTEEMEN 
AND TRUSTEES. 

(See also School Leaflet No. 1.) 

1. Removal of Committeemen from Office. — Under section -^126 
of the Public School Law, the county superintendent, when 
charges are made . against committeemen, should report such 
charges to the county board of education, which board should 
then formulate the charges and give at least ten days notice to 
the committeemen, in writing, of the charges preferred against 
them. This notice should be served by the proper officer, as di- 
rected by section Jil27 of the Public School Law, unless the com- 
mitteemen accept service in a different manner. The county 
board should appoint a day for the hearing of the charges and 
thoroughly investigate them, giving the accused committeemen 
an opportunity to be heard and to offer evidence. After such 
hearing, the board should decide whether the committeemen 
should be removed or not. A complete record of the entire pro- 
ceedings should be entered on the minutes of the board. 

2. Trusteeship an Office of Trust. — Under the language of the 
Constitution and the decisions of our courts, I am constrained to 
believe that a trustee or committeeman of a school should be re- 
garded as holding an office of trust. (May 3, 1909.) Under sec- 
tion 1 of chapter 170 of the Laws of 1913, Women on School 



120 

Boards, these positions are declared to be places of profit or trust 
and not offices in this State. 

3. Retiring Trustees Haye no Voice in Choosing Their Suc- 
eossars. — In the election of new members of a board of trustees 
of a graded school, the retiring members should have no voice 
in the election of their successors. (May 18, 1909.) 

4. Voucher for More Money Than is to the Credit of the Dis- 
trict. — The law forbids the signing of a teacher's voucher for 
more money than the district has to its creait. Section Jil50. 

5. Trustee or Committeeman Can Not Hci.u Other Public Office. 
"A public office is an agency for the State, and the person whose 
duty it is to perform the agency is a public officer." The first 
question asked is, Can a party who is school trustee and com- 
mitteeman, without pay or profit, hold, at the same time, the 
position of county commissioner? I do not think so. 

In the case of Barnhill v. Thompson, 122 N. C, 493, it is held 
that the board of county commissioners and the county board 
of education each constitute an office, and what is said there in 
regard to the county board of education, I think, applies with 
equal force to school trustees or school committeemen. The fact 
that no salary was received in one of the places makes no differ 
ence. Welker v. Bledsoe, 68 N. C, 457. 

Second: Can one person be, at the same time, clerk of the 
Superior Court and a member of a school committee? I do not 
think he can. A clerk of the court is clearly an officer within 
the meaning of the Constitution, Article XIV, section 7. See 
White V. Murray, 126 N. C, 156. 

Third: Can a man hold, at the same time, the position of 
school committeeman and be a trustee for the Institution for the 
Feeble-minded? I think these positions are incompatible. In the 
case of Welher v. Bledsoe, supra. Chief Justice Pearson says: 
"The duty of acting for and in behalf cf the State constitutes an 
office. According to this principle, the trustees of the University, 
the directors of the Penitentiary, of the lunetic asylum, and of 
the Institution for the Deaf, Dumb and Blind are public officers. 
This is put beyond doubt by the Constitution, Article XIV, sec- 
tion 7." (April 18, 1911.) 

6. School Term Should be Continuous. See I, 3. 

7. Compensation for Substitute Teacher. See IV, 3. 

8. Military Drill in Public Schools. See IV, 6 

9. Contract with Teacher Binding; When Not. See IV, 7. 

10. Salary of Second Grade Teacher Can Not Exceed $35. See 
IV, 8. 

11. Thanksgiving Day a Legal Holiday. Sec IV, 9. 

12. Criminal Charges Against Teachers. See IV, 11. 

13. Admission of Pupils Can Not be Refused Because of Over- 
crowded Conditions. See V, 4. 

14. Pupils Over Twenty-one Years of Age May Attend School 
Upon Payment of Tuition. See V, 5. 



121 



15. Tax List in Special District, Expense of Making Borne by 
County Commissioners. See VI, 10. 

16. Control of Special Tax Fund in Hands of Committee. See 
VI, 11. 

17. A Part of Local Tax Fund for High Schools. See VI, 13. 

18. Control of School Property Vested in Committee and County 
Board. See XI, 2. 

19. Insurance on School Property, How Paid. See XI, 7. 

20. Plans for Schoolhouses Must be Approyed and Buildings 
Inspected. See XI, 8. 

21. Doors of Schoolhouses Must Open Outward. See XI, 9. 

22. One-half Cost of IVew Schoolhouse 3Iay be Paid by County 
Board. See XI, 10. 

23. Contracts with Priyate Schools Authorized; Contracts with 
Sectarian or Denominational Schools Forbidden. See XII, 1. 

24. Compulsory Vaccination, Sanitary Committee May Order. 
See XII, 2. 

25. Use of Schoolhouse for Eeligious Purposes. See XII, 4. 

IV. 

DUTIES, PRIVILEGES AND QUALIFICATIONS OF TEACHEES. 

(See also School Leaflet No. 2.) 

1. College Diploma No Exemption from Examination. — Section 
^63 of the Public School Law abolishes all exemptions from ex- 
amination heretofore conferred by certain college diplomas. Every 
applicant for certificate must be examined by the county superin- 
tendent and hold a certificate from him or from the State Super- 
intendent (State Board of Examiners) before contracting to teach 
in any public school. 

2. Eoad Duty: Teacher Not Exempt.— Under section 2725 of 
The Revisal of 1905, no one of road age is now exempt from the 
provisions of the road law, except by special statute of the Gen- 
eral Assembly or by special action of the road supervisors. 

3. Compensation for Substitute Teacher. — ^The question of al- 
lowing compensation for a substitute teacher during the illness 
of the regular teacher is one that appeals to the sense of justice. 
If the compensation is allowed, order for the same would have 
to be made in behalf of the regular teacher, who would then pay 
the substitute teacher himself. The committee would have no 
legal right to sign a voucher for the payment of the salary of 
any teacher who did not hold a teacher's certificate. Of course, 
the substitute teacher should be acceptable to the committee. 

4. Teacher Has Right to Make and to Enforce Bules for Disci- 
pline in Schools. — A teacher in a county school has the right to 
make and enforce reasonable rules for the maintenance of such 
discipline as may seem proper to the teacher. Appeal from these 
rules may be made to the county board of education, who, for 
suflJcient cause, may rescind the rules. 



122 



5. Teachers' Kig^lits Over Pupils on Way to and from School. — 

The teacher has a right to make reasonable rules governing the 
conduct of pupils on the way to and frora school and to enforce 
same. (April 2, 1912.) 

6. Military Brill in Public Schools. — Under section ^ilOG of the 
School Law the principal of a private military school contracted 
with by a committee to teach a public school in connection with 
such school has the right to make and enforce such reasonable 
rules as may be necessary to maintain good order and discipline. 
When a committee contracts with the principal of a private mili- 
tary school it must know that military drill is a rule of that 
school. If such drill is deemed necessary for the maintenance of 
good order and discipline in the school and for the benefit of the 
pupils, by cultivating habits of punctuality, neatness, etc., and 
is required during the hours of the school day, in my opinion, 
the principal has the right to require it of all the pupils, unless 
when the committee entered into the contract with the teacher 
of said private military school it specifically exempted in the 
contract that military drill would not be a part of the discipline. 
The action of the principal in dismissing pupils for violation of 
the regulaton as to military drill is reviewable by the county 
board of education, under section 4^25 of the School Law. Such 
action on the part of the principal may be reversed bj^ said board 
under the law. 

7. Contract with Teacher Binding; When IVot. — Contract with 
teacher is binding in case schoolhouse burns and can be easily 
substituted for by renting or otherwise. But if suitable place to 
teach can not be secured, committee is not bound. (June 9, 1911.) 

8. Salary of Second Grade Teacher Can 'Not Exceed $35. — Com- 
mittee in special tax district is not authorized to employ second 
grade teacher for more than $35. (July, 1912.) 

9. ThanksgiTing- Day a Legal Holiday. — Thanksgiving Day is a 
legal holiday and should be counted as a day in the school month. 
It would be both unlawful and impious to charge up the Day of 
Thanks against the teachers of the State. (December 4, 1909.) 

10. What Constitutes a School Day? — I presume that in con- 
struing the law fixing a school day at not less than six hours nor 
more than seven hours the committee would have to use the same 
common sense that they would use in other business. A literal 
construction of the law would, I presume, require at least six 
hours of school work. A reasonable construction would probably 
allow short recesses to be taken out of this time, as the teacher 
is compelled to remain and have supervision of the children during 
recesses. If the amount of time taken for recesses is excessive, 
of course, it should not be included in the six hours. You can 
easily understand how, if the teacher was allowed to count all 
recesses and to give as much time for recesses as he chose, the 
number of hours of work might be too greatly reduced. Whether 
the law ought to be construed to require six hours of actual school 



123 

work would depend, I think, to some extent, upon the season of 
the year and the distance that the children living farthest from 
the school had to walk. For example, in many places it would 
be difficult in the winter to begin earlier than 9 a. m., or to close 
later than 4 p. m. This would give six hours of work, with an 
intermission of an hour for dinner, but would not include any 
short recesses between times, which are usually desirable, and 
which, I think, ought to be included in the six hours. 

11. Criminal Charges Against Teachers. — The committee should 
refuse to sign the voucher of a teacher who falsified in his report 
as to the number of days he taught, and should report the facts 
to the county board of education, giving their reasons for re- 
fusing to sign. Then, under section 4-^27, the county board of 
education could investigate the matter, after written notice of 
ten days as therein provided, and, if the charges are sustained, 
could debar the teacher from teaching and cancel his certificate. 

12. Teacher Can Jfot Expect Reimbursement from School Fund 
for Stolen Property: Can Not Sue Board for Such Loss. — School 
authorities should not be held responsible for personal property 
of teacher while in the employ of school which is stolen from 
public schoolhouse. Trustees can make allowance to teacher for 
such stolen property if they think proper, but the school fund 
is not liable in damages for amount by suit. The county board 
of education is a corporation conducting part of the functions 
of the State government, and suit can not be brought against it 
in the absence of a statute so providing. (July 3, 1911.) 

13. Higli School Principal Can Not Serve as Member of County 
Board. — Under section -^119, a principal of a public high school 
can not serve as a member of the county board of education. 
(July 3, 1912.) 

14. County Board and Superintendent May Make Kegulations to 
Secure Prompt and Regular Attendance of Pupils and Teachers. 
See I, 4. 

15. Weekly and Monthly Reports. See II, 2. 

16. Toucher for More Money Than is to the Credit of the Dis- 
trict. See III, 4. 

17. When High School Subjects May be Taught. See VII, 1. 

18. Bible as Text-book in Public Schools. See VII, 2. 

V. 
RIGHTS AND OBLIGATIONS OF PATRONS AND PUPILS. 

1. Rights of Bona Fide Citizens to Patronize School.— Any per- 
son, moving into a graded school district and becoming a bona 
fide citizen, has a constitutional right to send his children of 
school age to the public graded school of such district without 
paying tuition, from the time that he becomes a dona fide citizen 
of that district. 

2. Bona Fide Residents Entitled to School Facilities.— When a 



124 

person moves to a town for the purpose of making his home there, 
he at once becomes a bona fide resident, and therefore has a right 
to send his children to the local public school. But, on the other 
hand, if he moves to town just for a few months in order to get 
the benefit of the graded school, then he should not be regarded 
as a resident, and therefore would not be entitled to send his 
children to the graded school without the payment of tuition. I 
am of the opinion that an order made by the school board that 
for one to be entitled to send his children to school he must have 
been a bona fide resident of the town or district for twelve months, 
is an ultra vires act on the part of the authorities. This would 
be in violation of the Constitution providing that all children 
have an opportunity to go to school four months each year. 
(January 8, 1910.) 

8. Patrons of School District Defined. — The patrons of a public 
school district are those living in the district who have children 
or stand in loco parentis to children within the school age. 
(August 5, 1909.) 

4. Admission of Pupils Can Jfot be Refused Because of Over- 
crowded Conditions, — Graded school trustees or committees have 
no legal right to refuse, for the reason that the grades are over- 
crowded, to admit pupils who are of school age and residents of 
the district. (January 22, 1910.) 

5. Pupils Oyer Twenty-one Tears of Age May Attend School 
Upon Payment of Tuition, — Section 4151 of the Public School Law 
says that tuition in the public schools shall be free to all children 
between the ages of six and twenty-one, and also gives authority 
to the school committee to admit pay students over twenty-one 
years of age. The tuition charges for such pupils must be fixed 
by the committee and the proceeds turned over to the county 
treasurer, to be used as a part of the public school funds of the 
district. (April 16, 1906.) 

6. Children of Orphanage Have no Legal Right to Attend Public 
School Free of Tuition. — Question: Whether or not the children 
of an orphanage located within the corporate limits of a town 
have a legal right to attend the public school of the district with- 
out tuition. They have not. (January 19, 1911.) 

7. Children of Orphanage Should Not be Included in Census. — 
Children who are inmates of an orphanage situated within the 
borders of a graded school district should not be included in the 
census of pupils who may be expected to attend said graded 
schools. (July 2, 1912.) 

8. Public Schools for Indians, County Board Must Provide. — It 
is the duty of the county board of education to provide public 
school facilities for the Indian children of the county in which 
such children may reside. The Indian children should be .treated 
as white and negro children in the apportionment of the school 
funds of the county, and separate schools, under the law, must 
be provided for them. 



125 



{). County Board May Make Eegulatiops to Secure Ke^lar and 
Prompt Attendance of Pupils and Teachers. See I, 4. 

10. Teacher Has Right to Make and to Enforce Rules for Disci- 
pline in School. See IV, 4. 

11. Teachers' Rights Orer Pupils on Way to and From School. 
Gee IV, 5. 

12. Change in County Lines Does IVot Interfere with Unused 
i'reyious Apportionments. See VI, 3. 

13. Text-books, When Exchangeable. See VII, 3. 

i-1, Conspulsory Vaccination, Sanitary Committee May Order. 
See XII, 2. 

VI. 

SCHOOL DISTRICTS AND DISTRICT FUNDS. 

(a) Regular. 

(b) Special Tax Districts. 

(c) Cit2/ and Graded School Districts Under Special Charter. 

(a) 

1. Fixing BouniJaries of Districts Left to Discretion of County 
EoHrd. — County board of education has authority, under section 
'i12!>, to divide the townships and the county into convenient 
school districts. The formation and consolidation of districts 
are placed in the discretion of this hoard. The Attorney-General 
advises me that in the case of Howell v. Hoioell, in Haywood 
County, the Supreme Court of North Carolina holds that the lay- 
ing off of school districts and the fixing of their boundaries is in 
the discretion of the county board of education and no appeal 
therefrom lies to the courts. It is, of course, however, a discre- 
tion that should not be exercised arbitrarily, and I feel sure that 
the county board of education will, as directed in section Jfl29, 
always consult the convenience and necessities of the people in 
fixing the boundaries and the districts, and will give a full hear- 
ing to both sides before determining the matter. (June 6, 1910.) 

2. Three-mile Limit: When it Does Not Apply. — The three-mile 
limit does not apply to new and old houses in consolidated dis- 
trict, when old houses are to be abandoned. (June 6, 1911.) 

3. Chau5:e in County Lines Does Not Interfere with Unused 
Previous Apportionments. — Last year the Board of Education of 
Cumberland County apportioned to Montrose School District, 
No. 2, funds sufficient to carry on a four months school. It seems 
that there was no building in this District No. 2, and that certain 
patrons of the school agreed to furnish a house in which the 
school could be carried on. There was some delay, but the build- 
ing has been completed at an expense of some four or five hun- 
dred dollars. 

The question has now arisen as to whether or not the money set 
apart to this school should be used for conducting it, inasmuch as 
the district will be in the territory cut off from Cumberland to 
make a part of Hoke County. 



126 

Upon the facts stated I am clearly of the opinion that the chil- 
dren in this district, No. 2, are entitled to the money set apart 
by the Board of Education for their use and benefit. The chil- 
dren of that district are entitled to their own, independent of the 
shifting of county lines. (March 10, 1911.) 

(b) 

4. Boundaries of Local Tax Districts, How Clianged. — County 
board of education has no authority to take territory from a 
local tax district formed by special charter and transfer to an- 
other local tax district. It can change boundary lines between 
local tax districts formed under section IillB, but not between 
one formed under that section and another formed by special 
act. (September 12, 1911.) 

5. Boundaries of Local Tax Districts Can Not be Clianged so as 
to Reduce District After Election in Called. — After an election 
for a local tax has been duly called, the county board of educa- 
tion has no authority to reduce 'the size of the district by making 
changes in the notices already posted, cutting out certain terri- 
tory. If the election is regularly called and regularly held, the 
tax should be levied on the original district. (December 18, 
1911.) 

6. Special Tax District Including Parts of Two Counties IVot 
Autliorized.- — There is no provision for creating a local tax dis-> 
trict which includes a part of two counties except by special act 
of General Assembly. (April 13, 1909.) 

7. Contiguous Territory Defined. — "Contiguous territory" in sec- 
tion Ifllo refers to territory adjoining, but not lying within, a 
special tax district. (September 12, 1911.) 

8. Special Tax District: Commissioners Can JVot Levy More 
Than Maximum Rate; Can Not Reduce Amount to be Voted on 
After Notice of Election.— The commissioners of a county can 
never levy more than the maximum amount of taxes voted for 
by the people in a special tax district. But if the maximum 
amount should be found to be more than the district required, 
then, upon recommendation of the county board of education, 
it would be lawful for the commissioners to levy less than the 
maximum amount voted for. As to the question of reducing 
the amount of taxes to be voted on after the call and notice 
of election, I beg to advise that such a reduction would be 
equivalent to ordering a new election, and the same notice 
would have to be given after the reduction as if no notice had 
been issued at all. (April 23, 1910.) 

9. Taxation in Local Tax Districts, Commissioners Can Not 
Change Rate of. — The board of county commissioners can not 
legally change the rate of taxation in a special tax district after 
the tax has been duly voted according to law, in cases where the 
order for the election specifies the rate and due publication of 
the notice has been given. (February 1, 1909.) 



127 

10. Tax List in Special District, Expense of Makiug Borue by 

County Commissioners. — Undei- section JillS it is the duty of the 
county commissioners to pay all expenses incident to levying and 
collecting the tax in a special district. (November 23, 1909.) 

11. Control of Special Tax Funds in Hands of Committee. — 
After the establishment of a special tax district and the appoint- 
ment of the committee for that district, the employment of the 
teacher and the control of the special tax fund is vested in the 
committee of the district. 

12. TownsMp Hlgii School Tax. — Under section 'it IS of the Pub- 
lic School Law a township high school tax can be voted, irre- 
spective of the boundaries of any special tax districts that may 
be included within the tov/nship boundaries. 

13. A Part of Local Tax Fimd for High Schools. — A part of the 
local tax fund raised under section Ji^llS may be specifically set 
apart for high school instruction, after sufficient reservation 
has been made for the elementary grades, although the tax may 
not have been voted particularly for high school purposes. 

(c) 

14. Special Tax Districts: One Town Can Hot Invade Corporate 
Limits of Another Town in Establishing'. — Section JjllB does not 
authorize one town to invade .the corporate limits of another town 
for the purpose of establishing a special school tax district. 

Section Jjll.'f provides for the support of schools in towns and 
cities by special taxes, and section JjllS covers the county outside 
of the incorporated towns. 

I think that under section JfllS a district can be established 
containing all the territory within the corporate limits of a town 
and also include some outlying territory, but I do not think that 
the corporate limits of another town can be invaded. (March 
20, 1911.) 

15. Act of Legislature Keducing Size of District is Constitu- 
tional. — In 1907 the Legislature incorporated a school district in 
a certain county in North Carolina, including a great deal of 
territory in the district, and submitted to the people within said 
district, upon election held under said act, the question as to 
whether or not they would issue twenty thousand dollars in 
bonds for the purpose of erecting a school building and carrying 
on a school in said district. Certain parties who are on the 
outer limits of said district are now requesting that an act be 
passed by the General Assembly taking them out of the district 
and relieving them of the special tax. The question you wish 
passed upon is, Would an act of the kind be constitutional? It 
seems to be well settled that an act passed by the Legislature 
cutting away part of a school district, whether said district is 
in debt or not, would be constitutional. (February 14, 1911.) 

IS. Compensation for Disbursement of City School Fund. — Sec- 
tion 212S of The Revisal of 1905 authorizes the county board of 
education to fix the compensation of the treasurer at such sum 



128 

as it maj^ see fit, provided the amount does not exceed two per 
cent on disbursements. If the special tax is paid to him, and 
then paid by him to the local treasurer, he might have a technical 
right to claim his commissions upon the amount as a disburse- 
ment, though I have always advised that a disbursement of this 
sort in a lump sum was not such a disbursement as was contem- 
plated by the section named, as it was largely a matter of form, 
without trouble to the treasurer, and that therefore the county 
board of education should regulate the commission upon it, and 
either allow the treasurer no commission upon that sum or else 
allow him a very much smaller commission than was allowed 
upon other disbursements, the local treasurer receiving the larger 
part of the commission for disbursement, as he was compelled 
to have all the trouble in disbursing it in small amounts and 
keeping the books and accounts. In a word, the matter should 
be regulated by agreement between the local board of trustees 
and the county board of education. There certainly should not 
be double commissions allowed on the same school fund — one to 
the county treasurer and the other to the local treasurer. The 
commissions on both certainly should not exceed the maximum 
fixed by the statute, and, if necessary, it should be divided be- 
tween them in proportion to the trouble and responsibility of 
each. In case an equitable agreement can not be reached, then 
I M^ould advise an amendment to your school bill, directing the 
special tax to be paid directly to your local treasurer, who is 
under bond, without passing through the hands of the county 
treasurer. The matter is regulated in this way in a number of 
special school acts of towns and cities. 

17. Eeports from City Schools. — Section -^165 of the Public 
School Law requires full reports of city schools to the State 
Superintendent, also to the county superintendent, in such form 
and at such time as may be directed by these officers. No school 
operating under special charter that is supported wholly or in 
part by public funds has a right to refuse to make these reports 
and expect to continue to receive its proper share of public school 
money. 

18. (a) ;.nd (b) Scliool Site, Power of County Board to Fix IVot 
Limited. See I, 8. 

19. (c) Eetiring Trustees Have IVo Voice in Choosing Their Suc- 
cessors. See III, 3. 

20. (c) Bona Fide Residents Entitled to School Facilities, See 
V, 2. 

21. (a), (b) and (c) Patron? of School District Defined. 
See V, 3. 

22. (a), (b) and (c) Admission of Pupils Can IVot fce Refused 
Because of Overcrowded Conditions. See V, 4. 

23. (c) Children of Orphanage Have no Legal Right to Attend 
Public School Free of Tuition. See V, 6. 



129 

24. (c) Children of Orphanage Should Not be Included in 
Census. See V, 7. 

vn. 

BEANCHES TO BE TAUGHT AND TEXT-BOOKS. 

1. When High School Subjects May he Taught.— High school 
branches can not be taught in schools having only one teacher, 
and may be taught in schools having more than one teacher only 
after adequate provisions have first been made for the thorough 
teaching of the elementary branches mentioned in section JfOSl. 

2. Bible as Text-book in Public Schools. — Not prescribed in 
section JtOSl of the Public School Law. Not advisable to attempt 
to use it as a text-book on account of denominationalism. Proper 
to use it for devotional exercises. (September 7, 1906.) 

3. Text-books, When Exchangeable. — An exchangeable book is 
incapable of exact definition, but there ought to be no diflBculty 
in determining whether or not the book is in such condition as 
to be usable. The fact that a book has its back torn off, or a leaf 
missing here and there, would not prevent the book from being 
exchangeable. The book must be in such condition that, if there 
had been no change, it could have been used by the child in the 
public schools. (December 4, 1911.) 

yiii. 

LOANS AND LIBRAEIES. 

1. Loans, to Whom; Installments, How Paid. — Loans for build- 
ing schoolhouses are made by the State directly to the county 
board of education for specified districts. The annual install- 
ments are paid in one sum to the State Treasurer. The county 
board is authorized by law to deduct the annual installments 
from the apportionments made to districts that have received 
loans. The board could, of course, if it saw fit, allow for these 
installments by making additional apportionments to the districts 
or by making apportionments out of the building fund to those 
districts each year. 

2. Additional Apportionment by County Board to Meet Interest 
and Installment on Loan. — The county board of Education may 
make an additional apportionment out of its building fund to 
assist a district in paying the interest and installment of its 
loan made in accordance with section Jf056. 

3. County Appropriations for Libraries. — The State appropria- 
tion for rural libraries is limited to five thousand dollars for two 
years. The number of new libraries to the county for which 
this fund is available before November 30th of any biennial 
period is six. There is no authority in the law for the county 
board to appropriate any money for rural libraries, except the 
specific authority conferred by the rural library act, and this is 
conditioned always upon the raising of ten dollars by the com- 

5 



130 

munity and the appropriation of ten dollars by the State. The 
same law, therefore, that limits the number of libraries for 
which appropriation may be made by the State also limits the 
number for which appropriation may be made by the county dur- 
ing the two-year period. I am of the opinion, therefore, that the 
county board has no legal authority to make an appropriation 
for more than six original rural libraries during the two-year 
period ending November 30th. 

IX. 

SCHOOL FUNDS. 

(a) General {Including Fines, Forfeitures, and Penalties). 

(b) Special Tax. 

(c) City Schools Under Special Charter. 

(a) 

1. County Board Has no Power to Designate Bank at Which 
Treasurer Shall Deposit School Funds. — The Treasurer and the 
sureties on his bond are responsible for the safe-keeping of the 
school fund. Being liable on his bond for the safety of the fund, 
it is proper that the treasurer should have the power to deter- 
mine where, and in what manner, the fund shall be kept. The 
county board of education has no power, therefore, to designate 
the bank in which the school fund shall be kept. (July 3, 1912.) 

2. Special Poll Tax for Other Than School Purposes — The 
county school fund is not entitled to any part of a poll tax levied 
by the Legislature for special county purposes other than for 
schools. 

3. Fines, Forfeitures and Penalties Must he Recorded and Re- 
ported. — All fines, forfeitures and penalties must be recorded and 
reported as required by section 5, Article IX, of the State Con- 
stitution. Policemen or other officers can not legally accept fines 
and make compromises without judgment. 

4. Fines, Forfeitures, Etc., Can Not be Remitted. — The county 
board of education can not remit by compromise any portion of 
fines, forfeitures and penalties due the county school fund and 
diverted by towns and cities. 

5. Fines, Etc., Imposed in Mayors' Courts Must go to County 
School Fund. — All fines, etc., imposed in mayors' courts of towns 
and cities must be properly reported and paid over to the county 
school fund, and failure to do so is a misdemeanor. Evasions 
are illegal. 

6. Fines Imposed by Recorder's Court Must go to County School 
Fund. — Fines imposed by a recorder's court must go to the 
general county school fund and not to the graded school fund of 
the town in which the recorder's court sits. (May 14, 1909.) 

7. Fines Can Not be Remitted by Another Judge. — Fines im- 
posed by a judge can not be remitted by another judge. (August 
29, 1910.) 



131 

8. Stills, Sale of Materials Taken From, Regarded as Forfei- 
ture. — The sale of materials from stills taken in the enforcement 
of the prohibition law is considered forfeiture, and the proceeds 
therefrom should be turned over to the county school fund. (July 
6, 1912.) 

9. City Schools are Entitled to Equitable Part of Building Fund. 
The city schools are entitled to their equitable part of the build- 
ing fund. They pay their part of it and in the apportionment 
of the building fund, just as in the apportionment of the other 
part of the school fund, they are entitled to be treated exactly 
like any other public school district of the county. The fact that 
these districts are operated under a special charter does not pre- 
vent them from being public school districts entitled to all the 
rights and privileges of other school districts in the distribution 
of the common public school fund, including the building fund. 
The fact that they issue bonds and levy taxes for better build- 
ings and equipment ought to entitled them to more consideration 
instead of less, by the county board of education, in the distribu- 
tion of the county building fund, and certainly ought not to 
cause them to be discriminated against by excluding them from 
sharing in that fund, which they helped to pay, because they are 
willing to assume an additional burden of taxation to get better 
houses and equipment than the county and the regular school 
district can afford to provide. They should be encouraged rather 
than discouraged in such commendable efforts. The determina- 
tion of their equitable share of building fund, according to their 
needs for building and equipment, is of course in the discretion 
of the county board of education. I simply suggest the following 
as an aid in arriving at an equitable determination of this: If 
the town or city has not provided houses and equipment out of 
its own funds by special taxation or bond issue the county board 
of education would be compelled to provide houses and equip- 
ment sufficient for the accommodation of the children of the dis- 
trict as a public school district. Estimate what it would have 
cost the board to make such provision on the basis of buildings 
and equipment of about an equal grade of those provided for 
other public school districts of the county board and then esti- 
mate the proportion of the cost thereof that the board would 
equitably allow from the county building fund upon the same 
basis as it apportions the cost of buildings and equipment be- 
tween the county building fund and the district building fund 
in other regular public school districts of the county. Upon 
this equitable basis the board could make a lump allowance from 
the building fund to the town or city district or divide it into 
several years, allowing so much each year for two, three or four 
years. 

(b) 

10. Special Tax Funds. See VI, (b), under Special Tax Dis- 
tricts. 



133 

(c) 

11. City and Graded School Districts Under Special Charter. 

See VI, (c), under same heading. 

12. (a) Teacher Can Not Expect Reimbursement from School 
Fund for Stolen Property. See IV, 12. 

X. 

SPECIAL TAX ELECTIONS. 

1. Special Tax Elections Held Within Less Than Thirty Days 
of Anothier Election. — After consultation with, the Attorney- 
General, I am of the opinion that the provision in the general 
election law forbidding the holding of elections within thirty 
days of another election does not apply to special tax elections 
held under section Jtll5 of the Public School Law, which pro- 
vides that such elections may be held after thirty days notice, 
and that there is no recent decision of the Supreme Court touch- 
ing the matter, so far as we have any information. 

2. Sundays Counted in Twenty Days for Keeping Eegistration 
Books Open. — In counting the twenty days preceding an election 
for local tax, during which the registration books must be kept 
open as provided by section JtS23 of The Revisal, Sundays must 
be included. (June 9, 1909.) 

8. Qualified Yoters: JVumber Determined by Old Registration 
Books. — The board of county commissioners should use the old 
registration books as a basis for determining whether or not the 
requisite number of qualified voters have signed a petition for the 
repeal of a special tax. Either party to a controversy, however, 
would have a right to show that some who are now registered 
have left the district and that other qualified voters have come 
into the district and become qualified. 

4. Ordering Local Tax Election: County Board of Education 
Has Discretion; County Commissioners Have Not. — The approval 
of a petition for a local tax district lies wholly in the discretion 
of the county board of education and may not be compelled, but 
upon a petition of one-fourth of the freeholders endorsed by the 
county board of education, the county commissioners have no dis- 
cretion, but must order and hold the election as provided in sec- 
tion 4323 of The Revisal. (July 1, 1909.) 

5. Taxation in Local Tax District, Authority of Commissioners 
to Fix Rate of. — If special tax election was called under the gen- 
eral provisions of section 4ii5, without specifying in the peti- 
tion, order or notice the amount to be voted, levied, and col- 
lected, the county board of commissioners can levy and collect 
a less amount than the maximum fixed in this section, but only 
upon recommendation of the committee of the district approved 
by the county board of education. (June 1, 1911.) 

6. How Special Tax May be Repealed. — An amendment to sec- 
tion 4i^5 by the General Assembly of 1909 provides a way by 



133 

which a special tax may be repealed without special legislative 
enactment. An election for this purpose may be called by the 
board of county commissioners, upon approval by the county 
board of education of a petition signed by two-thirds (1911) of 
the qualified voters residing in the special tax district. Such 
election can not be held within less than two years from the date 
of the election at which the tax was voted, nor within two years 
of any previous election for voting off the tax. 

7. Persons Not Allowed to Yote Who Moved Into District Within 
Four Months Preceding Election. — Persons may not be allowed 
to vote at a special school election who have moved into the 
district from another part of the same township within four 
months preceding the date of election. Section 4316 of The Re- 
visal of 1905 provided that, to be entitled to vote, a person shall 
have resided four months in the precinct, ward or election dis- 
trict in which he offers to vote next preceding the election, 
(March, 1913.) 

8. Boundaries of Local Tax District Can Not be Changed so as 
to Eednce District After Election is Called. See VI, 5. 

9. Special Tax District: Commissioners Can Not Levy More 
Than Maximnm Bate; Can Not Rednce Amonnt to be Voted on 
After Notice of Election. See VI, 8. 

XI. 

SCHOOL PEOPEETT. 

(a) General — Title to and Control of 

(b) Houses and Lands. 

(a) 

1. Title to School Property in District Created by Legislature 
Eemains in County Board. — The title to the public school prop- 
erty that may be in a district, when created by legislative enact- 
ment, which gives authority to a local school board to manage the 
school affairs of the district, independent of the county board of 
education, remains in the county board of education, and such 
property may be disposed of by the county board in such manner 
as it deems equitable and just. 

2. Control of School Property Vested in Committee and County 
Board. — Under sections 4^4'^ and 4-^25 the school committee and 
the county board of education have full power to control the 
school property and to make rules and regulations for its control 
in such manner as they deem best for the interest of the public 
schools and the cause of education. The county board of educa- 
tion unquestionably has the entire control of the property in a 
district in which the committee has resigned. (April 17, 1908.) 

3. Proceeds from Sale of School Property. — It is no violation of 
the spirit of the law to appropriate the proceeds from the sale of 
school property for the purpose of purchasing other property in 
the same or an enlarged district, although the full per cent of 



134 

the annual fund allowed for building may have been set aside 
for the district. 

4. Condemnation Proceedings, When and How Instituted. — 

Under section JilSl of the Public School Law the county board of 
education has authority to select a site for a schoolhouse and 
secure the same, to the extent of three acres, by condemnation, 
if it can not be obtained otherwise. In accordance with this 
section, appraisers shall be appointed by the clerk of the Superior 
Court to appraise the value. Section JflSl. 

5. Land Acquired by County Board Does Not Revert to Heirs. — 
Land acquired by the county board of education through con- 
demnation proceedings, when it ceases to be used for school pur- 
poses, does not revert to the heirs of the original owner, but as 
the board acquires a title in fee simple, the board can give a title 
in fee simple. (June 12, 1911.) 

6. Property Deeded for School Purposes: When it Reverts to 
Heirs. — Property deeded for school purposes to school trustees 
or to the county board of education, except by fee simple deed, 
reverts to the heirs of original owners when it ceases to be used 
for the purposes set out in the deed. (March 17, 1909.) 

7. Insurance on School Property, How Paid. — Every school 
district is permitted to spend twenty-five dollars a year out of its 
apportionment of the county school fund for necessary incidental 
expenses; a larger amount for such expenses must be approved 
by the county board. A reasonable amount of insurance could 
be carried on the school property of a district and the premium 
paid out of the twenty-five dollars allowance. The premium could 
not be paid out of the county reserve fund because that fund is 
limited to the payment of the expenses of the county board and 
the county superintendent's salary. As the title to school prop- 
erty is vested in the county board of education, it can insure it 
and order payment out of funds apportioned to district. 

(h) 

8. Plans for Schoolhouses Must be Approved and Buildings 
Inspected. — It is true that plans and specifications for school- 
houses are provided at the office of the Superintendent of Public 
Instruction. Furthermore, the law forbids the erection of any 
public schoolhouse that is not built in accordance with plans 
approved by him. Of course, this does not mean that all school- 
houses must be built after the plans and specifications that have 
been prepared for distribution from this office, but other plans 
may be submitted for his approval, as is often done. Section J^12J^ 
also requires all new schoolhouses to be inspected, received and 
approved by the county superintendent before full payment is 
made therefor. 

9. Doors of Schoolhouses Must Open Outward. — Under the pro- 
visions of chapter 6S1, Acts of 1909, the doors of schoolhouses 
having more than one room, whether in towns or in the rural 
districts, must be so hung as to open outward. (July 12, 1909'..) 



135 

10. One-half of the Cost of Tfew Schoolhouses May he Paid hy 
County Board. — Section Jil2Ji clearly means that the county board, 
out of the building fund which it may reserve by the provisions 
of section JfllG, shall not pay exceeding one-half the cost of build- 
ing any new schoolhouse, the other half of the expense to be borne 
by the district. But the board has complete control of the whole 
subject, and may forbid the erection of a schoolhouse in a district 
which ought not to exist. It must be remembered that no house 
can be built except it is built in accordance with plans approved 
by the State Superintendent, and the county board is charged 
with the duty of carrying into effect this provision to secure neat, 
comfortable and attractive houses. Pamphlets containing plans 
of such houses as will be approved by the State Superintendent, 
together with specifications, estimates of cost and bills for ma- 
terials, will be furnished by the State Superintendent on appli- 
cation. The purpose of limiting the amount of the school fund 
that can be annually expended for school buildings was to pre- 
vent the hurtful decrease of the school term. Using the proceeds 
of the sale of old school property for new and better property is 
simply exchanging school property, and need not be accounted 
for in the annual apportionment of the school fund of the county. 

11. Public School Building Not Subject to Statutory Lien. — "A 
public school building, vested in trustees for public school pur- 
poses, is not subject to a statutory lien for materials furnished 
for its contractor in the absence of a statute indicating a legisla- 
tive purpose to the contrary." 150 N. C, 680. (December 13, 
1911.) 

12. (b). Lease of School Property by County Board. See I, 7. 

XIL 

MISCELLANEOUS. 

1. Contracts with Private Schools Authorized; Contracts with 
Sectarian or Denominational Schools Forbidden. — Section Jtl51 
of the Public School Law expressly gives authority to the school 
committee to contract with the teacher of a private school, regu- 
larly conducted for at least six months in the year, to use the 
public school fund in connection with the private school to give 
instruction to all pupils between the ages of six and twenty-one 
years in the branches of learning taught in the public schools, 
under the conditions prescribed in that section. I have ruled that 
the term private school does not include sectarian and denomina- 
tional schools. There is, therefore, not only no authority for 
making any contract with these schools for the use of public 
school funds, hut contracts with such schools are forbidden. 

2. Compulsory Vaccination, Sanitary Committee May Order. — 
Section ^347, Volume II, The Revisal of 1905, provides that the 
sanitary committee of the county may make such regulations and 
provisions for the vaccination of all the inhabitants of the county 



136 

and impose such penalties as they deem necessary to protect the 
public health. Sections 3^53 and 3455, Volume I, The Revisal 
of 1905, make any person violating these rules and regulations 
guilty of a misdemeanor. Therefore, if the sanitary committee 
of a county legally orders compulsory vaccination for the people 
of a town, it is the duty of the school authorities and patrons of 
the schools to obey the order. It is especially the duty of all 
teachers and school officers to inculcate in children the spirit of 
obedience to law." See section 23, chapter 62, Laws 1911. 

3. Only Colleges and Universities Can Confer Degrees; Power 
Given by Legislature. — Only a chartered college or university can 
issue a diploma or confer a degree. Colleges and universities 
have no power to confer degrees or grant diplomas unless the 
power is expressly given by legislative enactment. (February 
23, 1909.) 

4. Use of Sclioolliouse for Eeligious Purposes. — The school- 
house is the property of all the people, built by the taxes of all 
the people, and, while it is under the control of the county board 
of education and the school committee, the continuous use of it 
for the benefit of only a part of the people consisting of one re- 
ligious denomination is always subject to criticism from some 
of the people belonging to other denominations; and, for that 
reason, I think it usually unwise to permit a schoolhouse to be 
used continuously as a church by one sect or denomination. If 
one denomination is permitted to use it for this purpose, other 
denominations would have the same right to demand its use, if 
needed, and all sorts of complications might arise. I think the 
occasional use of the schoolhouse by any religious denomination 
for such a good purpose as the promotion of religion among the 
people is for the elevation of the community and is proper, or 
the use of it by a denomination while they are building a church, 
or getting ready to build a church, as an accommodation, it 
seems to me, ought not to be objected to, with the permission of 
the county board of education and the school committee. 



INDEX TO PUBLIC SCHOOL LAW 



Section 

Abstract tax lists to be furnished county board 4110 

Accounts of State board _ 4034 

Action on bond county treasurer 4153 

Additional powers of county board 4125 

Admission of students to farm-life school, page 110. 

Age for free tuition 4085 

Agriculture, elements of, to be taught 4087 

Aim of farm-life school, page 103. 

Alcoholic drinks, effects of 4087 

Annual reports State Superintendent to include operations of loan fund 4092 

Application of chapter 89 4029 

Apportionment, basis of ._ 4117 

Apportionment county school fund 4116 

Apportionment income permanent fund 4094-95 

Apportionment special-tax funds 4113-15 

Apportionment unused funds _ 4116 

Appropriation for libraries 4179 

Appropriation for farm-life schools, page 110. 

Arithmetic to be taught 4087 

Attendance compulsory, page 13 and 4085 

Attendance on institutes 4167 

Attendance officer, page 15. 

Attorney-General member of State board 4030 

Auctioneers' license taxes -._ 4107 

Auditor member State board. 4030 

B 

Basis of apportionment school fund 4117 

Biennial report State Superintendent. 4089 

Board of trustees farm-life school, page 103. 

Bond of treasurer of school fund _. 4152 

Bonds for farm-life school, pages 32 and 103. 

Bookcases for libraries 4174 

Branches to be taught in public schools 4087 

Building fund, provided for 4116 

can bear only half cost of new house 4124 

Buildings and equipment of farm-life school, page 104. 



Canvass of vote in special-tax elections 4115 

Census taken by attendance officer, page 15. 

Certification of teachers 4162 

Child labor, page 30. 

Cities and towns may levy special tax.. 4114 

Civil government to be taught 4087 

Civil liability of sheriff for failure to settle school taxes 4111 

Closing school, nonattendance 4164 

time of, fixed 4123 

Collection of school taxes 4111 

special taxes 411.3-15 

Committee, apportionment special-tax funds 4113-15 

care of property 4147 

census deaf and dumb and blind children 4148 

chairman of 4146 

compensation of 4145 

contract with private school 4151 

dismissal of teacher 4161 

district or township 4145 

election of 4145 

employment of teachers 4161 

expenditures by 4149 

illiterates reported by 4148 

notification of apportionment 4116 

oath of 4088 

not to overdraw account 4150 

records 4149 

removal 4126 

report value of school property 4148 

secretary of 4146 



138 

Section 

Committee, sign order for salary of teacher 4164 

special-tax districts 4115 

term of ofBce 4145 

township high school 4113 

Composition to be taught 4087 

Compulsory attendance 4085 

Compulsory attendance, page 13. 

Condemnation of school site 4131 

Constitution North Carolina and United States to be taught 4087 

Construction of school law 1 4090 

Contingent expenses State Board 4031 

Contingent fund 4116 

Contract for schoolhouses in writing 4124 

Corporate name of farm-life school, page 110. 

Cost of building, one-half from building fund '4124 

Criminal liability of sheriff for failure to settle taxes 4111 

Corporate powers 4030 

County board, additional powers of 4125 

apportionment of county fund 4116 

compensation of ■ 4134 

contracts for schoolhouses 4124 

dismissal of teacher 4127 

districts, special-tax, formed 4115 

donations to 4130 

duties of 4121 

election of 4119 

election county superintendent 4135 

equalize school term 4116 

estimate for four-months term 4112 

examination reports of superintendent and treasurer •_ 4134 

farm-life schools, pages 103 and 32. 

fix time opening schools 4123 

grade schools 4116 

investigations 4127 

list fines reported to 4108 

loans to districts 4055 

may close school, nonattendance 4164 

may punish for contempt 4128 

may require reports of treasxirer 4160 

members may be removed 4126 

members take oath of office, when 4120 

meetings, number of 4133 

must use approved plans of houses _- 4124 

notification to committeemen of apportionment 4116 

oath of - 4088 

obey instructions State Superintendent 4090 

power to create and abolish districts 4129 

power to make regulations to secure attendance, page 17. 

qualifications for membership 4119 

race discrimination prohibited 4116 

removal county superintendent 4126 

secretary of 4139 

sale of school property 4130 

shall fix salary of all teachers .- 4116 

site for school may be condemned 4131 

taxation for schools, page 111. 

term of office 4119 

unused funds 4116 

vacancy 4119-20 

County commissioners appoint special-tax election officers 4115 

must levy tax for four-months school' 4112 

order special-tax district elections - 4115 

County officers to file list of fines, etc 4108 

County school fund, what — 4107 

Course of study 4087, 4113 

County Superintendent, advises committeemen 4142 

attendance on State association 4141 

conducts examinations 4162 

distributes blank forms 4142 

election of 4135 

examinations, private 4162 

fee for private examination 4162 

holds teachers' meetings 4140 

inspection new houses 4124 

keeps an index of deeds 4132 

must not teach school 4138 

must reside in county ^^?i 

must visit schools 4141 

office at county-seat 4139 



139 

Section 

County Superintendent, qualifications of 4135 

removal from office 4126 

report deaf and dumb and blind children 4144 

report to State Superintendent 4143 

salary of 4144 

secretary county board . 4139 

signs all orders on treasurer 4154 

term of office 4135 

County treasurer made treasurer of school fund 4152 

compensation 4152 

Constructions of School Law, see part II. 

D 

Date for repayment of loans 4054 

Day, what constitutes . 4163 

Deaf and dumb and blind children reported 1 4144 

Deaf children must attend, page 98. 

Deeds to school property filed with clerk of court. 4132 

Discrimination against any race forbidden 4085 

Dismissal of teachers 4161 

Distribution $250,000, per capita, page 8. 

Distribution blank forms by county superintendent 4142 

Districts, account kept by treasurer 4157 

bear one-half cost of building 4124 

created or abolished by county board 4129 

how formed 4129 

loans to 4055 

may jointly employ superintendent 4137 

may vote special tax 4115 

must have 65 census 4129 

Donations may be accepted by county board 4130 

Drawing must be taught 4087 

Duties and powers of county board 4121 

Duties State Superintendent 4089-92 

E 

Effects of narcotics taught 4087 

Election, county board 4119 

county superintendent 4135-36 

farm-life school board, page 103. 

special-district tax. 4115 

special tax in cities and towns 4114 

special county tax, page 111. 

township high-school tax 4113 

Employment of teachers, method 4161 

Enforcement of school law by State Superintendent 4090 

English grammar to be taught 4087 

Enlargement libraries 4177 

Enlargement special-tax districts . 4115 

Equalizing school fund. State, page 8. 

Estimate for four-months term 4112 

Estrays, proceeds of sale of 4107 

Examinations, private 4162 

time of 4162 

teachers 4162 

Examiners, State board of 4162 

Exchange, libraries 4176 

Execution school law 4125 

Exemption certain schools from chapter 89 4029 

Expenditures by committee 4149 

Extension and demonstration work, pages 35 and 110. 

F 

Failure county treasurer to make report misdemeanor 4160 

Failure member of county board to qualify creates vacancy 4120 

Farm-life school (Guilford), page 32. 

Farm-life school : Page 

aim 103 

admission of students 110 

appropriation of State funds 111 

board of trustees 103 

buildings, etc 104 

bonds to be issued 105 



140 

Section 
Farm-life school: Page 

corporate name 110 

certification of teachers 109 

extension and demonstration 110 

election in county 104 

election in township 106-7 

high school in connection with 108 

location 104 

treasurer of 111 

Fee for private examination 4162 

Fines belong to school fund 4107 

Fines, list of, reported to county board 4108 

Fiscal year 4118 

Forfeitures belong to school fund--; 4107 

Formation special-tax districts 4115 

Forms to be printed by State Superintendent 4089 

Four-months school required 4112 

Freeholders, petition for local tax 4113-15 

Funds, apportionment special tax . 4113-15 

repayment of loans 4055 

G 

General power county board to execute school law 4125 

Geography to be taught 4087 

Government, elements of civil, taught 4087 

Governor member State board 4030 

Grade of school considered in fixing salary of teacher 4116 

Guilford Farm-life School, page 32. 

H 
Health law, page 101. 

High-school certificate 4162 

High-school law, page 90. 

High schools for townships 4113 

High-school subjects taught in what schools 4113 

History to be taught 4087 

Houses must be built according to approved plans 4124 

How township high-school tax may be voted 4113 

Hygiene to be taught 4087 

I 

Illiterates reported by committee 4148 

Income permanent fund, how apportioned 4094 

Index deeds to school property - 4132 

Indians of Robeson County have separate schools 4085, 4168, 4171 

Inspection new schoolhouses 4124 

Installment on loans 4054 

Institutes 4167 

Investigations, county board 4127 

Investment fund, State board 4035 

L 

Language lessons taught 4087 

Liability sheriii for school taxes 4111 

Libraries, appropriation for 4179 

bookcases for 4174 

cities and towns excluded 4178 

enlargement of 4177 

exchange of 4176 

how established 4172 

managers of 4172 

number established limited 4178 

rules for 4175 

State contribution 4173 

License, proceeds auctioneers' 4107 

Lieutenant-Governor member of State board 4030 

Limitation on building fund 4116 

Liquor license tax, proceeds of 4107 

List fines, penalties, etc., to be furnished 4108 

List taxes, separate columns for school taxes 4109 

Literary fund, property of 4033 

Loans, building schoolhouses 4053-56 

how repaid - 4054 

how secured 4055 

school districts 4056 

Location of farm-life school, pages 32 and 103. 



141 

M „ . 

Section 

Maximum salary teacher fixed by county board 4116 

Meetings county board, number of 4133 

Meeting teachers 4140 

Members county board, oath of ^ 4088 

Members State board, who 4030 

Minimum salary to holder State certificate 4162 

high-school certificate 4162 

Month, what constitutes 4163 

N 

Negroes may not attend white schools 4085 

Nonattendance, closing schools for 4164 

No race discrimination 4185, 4116 

Notes for school loans deposited with State Treasurer 4054 

O 

Oath of officer school officers 4088 

Office days county treasurer 4156 

Officers school system to obey instructions State Superintendent 4090 

Officers State board 4031 

Office State Superintendent must be at capital 4089 

Opening of schools, time fixed 4123 

Omnibus biU, page 17. 

P 

Payment apportionment from permanent fund 4095 

Payment sohoolhouse loans 4054 

Penalties, list of, to be filed with county board 4108 

Penalties, proceeds, belong to school fund 4107 

Permanent school fund, what 4093 

Petition for local-tax election 4113-15 

Physiology taught 4087 

Place of meeting State board 4031 

Plans used for building schoolhouses 4124 

Poll holders for special-tax election .__ 4115 

Powers and duties county board 4121 

Power of county board to punish for contempt 4128 

Powers of State board 4033 

President of State board... 4031 

Private school, contract with 4151 

Private examinations. 4162 

Proceedings State board must be kept 4032 

Property of literary fund 4033 

Public-school, law to be printed 4089 

studies 4087, 4113 

system uniform 4085 

Pupils, may be dismissed 4166 

rules for attendance 4122 

Q 

Qualifications membership county board 4119 

office county superintendent 4135 

teacher considered in fixing salary 4116 

Quorum State board 4031 

R 

Races must have equal school term 4116 

separate schools for 4085 

Rate special tax 4113-15 

Reading to be taught 4087 

Recommendations State Superintendent 4089 

Register of deeds to furnish abstract of tax lists 4110 

Registrar for special-tax elections 4113-15 

Registration for special-tax elections 4113-15 

Removal school officers 4126 

Repayment loans _. 4054 

Report county superintendent to State Superintendent 4143 

State Superintendent to Governor 4089 

teacher's monthly 4164 

Reports county treasurer and superintendent examined 4134 

of treasurer required ^ 3839, 4053 



142 



Section 

Rules, establishment township high schools 4113 

libraries. _ 4175 

Rules and regulations, school attendance 4122 

Rural libraries 4172-79 

S 

Salary county superintendent 4144 

teacher, fixed by county board 4116 

teacher, paid, how 4164 

School age 4085 

School committee, election of 4145 

committee, oath of - 4088 

committee, township high school 4113 

day, length of 4163 

district must have 65 census 4129 

districts, how formed.. 4129 

fund, apportionment 4116 

fund, permanent 4093 

house loans 4053 

houses, building of 4124 

law to be published 4089 

month, length of 4163 

officers to obey instructions 4090 

property, charge of committee 4147 

property may be sold ". 4130 

separate for each race 4085 

sites, how acquired 4131 

taxes in separate column 4109 

School term must be four months 4112 

term, races equal 4116 

township high 4113 

year 4118 

Schools exempt from provisions chapter 89 4029 

Secretary county board 4139 

State board 4031 

of State member State board 4030 

Security for loans 4055 

Separate schools for races 4085 

Sheriff's liability for school taxes ' 4111 

Special permanent school fund 4093 

Special tax, apportionment 4113-15 

county 4112 

districts . 4115 

four-months school, page 9 and 4112 

towns and cities 4114 

township high school 4113 

Spelling taught 4087 

State appropriation for schools, page 8. 

State Association County Superintendents 4141 

State board 4030-35 

corporate powers 4030 

examiners 4162 

makes sohoolhouse loans 4053-56 

proceedings kept 4032 

powers of 4033 

quorum 4031 

State certificate 4162 

State Superintendent 4089-92 

biennial report -- 4089 

enforcement school law by 4090 

member State board 4030 

office at capital 4089 

print school law 4089 

recommendations 4089 

report to include loan-fund operations 4092 

State equalizing fund, page 8. 

State Superintendent secretary State board 4031 

Studies required 4087, 4113 

Supplementary libraries. 4177 



143 

T 

Section 

Tax lists, abstracts furnished county board 4110 

separate columns for school taxes 4109 

Tax, special, for schools 4112-15 

Teacher, age of 4163 

assistant only, with third-grade certificate 4163 

certificate, kinds 4162 

character may be investigated 4127 

dismissed by committee, how 4161 

dismissed by county board, how 4127 

employed how 4161 

examination 4162 

high-school certificate 4162 

institute attended by.. 4167 

keep register 4165 

may dismiss pupils 4166 

meetings 4140 

monthly report 4164 

must not be member county board 4119 

no exemption from examination 4163 

qualifications considered in fixing salary 4116 

record census in school register 4148 

report to county superintendent 4165 

rules and regulations for ■ 4122 

salary, how paid . 4164 

salary for holder of second-grade certificate 4163 

salary, maximum, fixed by county board 4116 

State certificate 4162 

suspended, how 4141 

Temperance instruction, page 99. 

Term, committeeman 4145 

continuous 4163 

countj' board 4119 

county superintendent 4135 

each race equal 4116 

four months in each district 4112 

Text-book Commission 4057-84 

Time opening and closing schools 4123 

Township high-school committee 4113 

Treasurer, all orders must be signed by county superintendent 4154 

bond 4152 

county treasurer made treasurer school fund 4152 

district account kept 4157 

duties on expiration of term 4159 

exhibit books to county board 4160 

failure to report 3839, 4160 

farm-life school, page 110. 

general account 4154 

literary fund 4034 

office days 4156 

report examined 4134 

report to State Superintendent , ._ 4158 

State board 4031 

State board to render account 4034 

U 

Uniform system public schools ,_ 4085 

Unused funds reapportioned 4116 

V 

Vacancy county board, how filled 4119 

oflfice superintendent, how filled 4135 

Visiting schools required 4141 

W 

Warrants for loans issued by Auditor 4053 

Weak districts aided by county funds 4116 

Writing to be taught 4087 

Women on school committees, page 36. 

Y 

Year, school year, what 4118 



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